My client claimed ESA after failing an IB PCA. He appealed against his PCA decision and the hearing is due next week. He has just been notified that he has satisfied the ESA WCA. He is aware that if his IB appeal succeeds he will not be paid both benefits, but will he have a choice about which of the two he can recieve and will he have an underlying entitlement to the other (which might be converted back to an actual entitlement if he happens to fail a medical assessment for the benefit he has chosen to receive before he is examined again in respect of the benefit for which he has the underlying entitlement)?

My client has been awarded the Work Related Activity Component of ESA from almost exactly the same date that he would have moved on to the short term high rate of IB had he not failed his PCA. The former is worth more to him than the latter, but because he is under 35 he will be better off on IB than ESA via the LTR + age addition that he will qualify for 52 weeks after his IB claim if his appeal succeeds.

If his IB appeal is successful is there anything to stop him staying with ESA while that is worth more to him than IB, and swapping to IB when the the reverse is the case?

Why is this so complicated?!?

As far as I am aware, if the IB appeal succeeds, he will go back onto IB. He will not be able to choose to stay on ESA.

I have been a bit confused about this myself but DWP have assured me that when a client claims ESA while appealing an IB decision the ESA is treated the same as reduced IS or JSA when the appeal is won. The IB decision will be reviewed and the ESA claim will close.

Does this mean that claimants now have three choices when they fail a PCA. Reduced IS, sign on for JSA or claim ESA?

Thanks

Hi Jeanette

Yes, subject to other qualifying factors, working partner etc, there are now 3 options, pending appeal of a failed PCA. If ESA is claimed, a medical certificate is required, but the claim is treated in the same way as any other and the standard assessment rate is paid.
Hopefully, in most cases the IB/IS appeal will be heard (and succeed!) before the WCA and the potential for yet another appeal.
And yes, when the IB/IS appeal succeeds, the claimant will revert to that benefit exactly as if they had claimed IS or JSA

Regards

Joan

Thu 23-Jul-09 08:33 AM by alfied

If your client chooses he can withdraw his appeal at any time; and this would solve the problem.

M