Hi

I have a client who is claiming IB and was getting an IS top up to include DP and SDP. Her partner then moved in and IS stopped. He moved out again more than 8 weeks later and she has reclaimed IS. She has been refused and has appealed prior to seeking my help.

My question is can she reclaim IS or does she need to claim ESA?

I've read in CPAG that if someone is getting IB then they can still claim IS on disability grounds (pg 142). Is this right? I thought ESA would have cancelled this out?

Any advice gratefully received.

Thanks

Regulation 2 of Employment and Support Allowance (Transitional Provisions) Regulations 2008 states, among other things:

2.—(1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.

(2) Paragraph (1) does not apply to—

(d) a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance

And regulation 3 states:

3.—(1) A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance.