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Top Income Support & Jobseeker's Allowance topic #6948

Subject: "Withdrawing IS claim to claim ESA" First topic | Last topic
Damian
                              

WRO(Health), Salford WRS
Member since
23rd May 2005

Withdrawing IS claim to claim ESA
Wed 29-Apr-09 09:07 AM

Client is on IS, reduced by 20% waiting for the outcome of a incapacity for work appeal. DWP guidance says she can't claim ESA because the Welfare Reform Act says if you are entitled to IS you can't get ESA. Anything to stop the client from withdrawing her IS claim to claim ESA?

  

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Replies to this topic
RE: Withdrawing IS claim to claim ESA, ariadne2, 29th Apr 2009, #1
RE: Withdrawing IS claim to claim ESA, Damian, 01st May 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Withdrawing IS claim to claim ESA
Wed 29-Apr-09 05:50 PM

The linking rules?

  

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Damian
                              

WRO(Health), Salford WRS
Member since
23rd May 2005

RE: Withdrawing IS claim to claim ESA
Fri 01-May-09 09:21 AM

The linking rules link periods of incapacity. Since they don't think she is in one they don't affect her.

  

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Top Income Support & Jobseeker's Allowance topic #6948First topic | Last topic