Morning everyone.

I am looking for clarification of a point related to the above. My understanding of ESA was that if you claimed it due to your child reaching 10 years of age and you were no longer entitled to Income Support, then the assessment phase did not apply. I have been told by a lady at the ESA section that this is not the case.

Presumably even if the assessment phase does not apply the client will have to wait until the determination of the Work Capability Assessment to see which group they fit into, before they receive the additional payment. Is this correct?

The issue is that the client was in receipt of the disability premium in her Income support claim and because it is not payable in ESA her income will be £27.50 less for the next 13 weeks.

Is this correct?

Secondly would there be any point in trying to open a credits only incapacity claim for the client, to enable her to return to Income support or would this just confuse matters further?

If your client was iro the Disability Premium with her IS, then JCP are wrong quite simply - see p.154 of CPAG 2009/10, second bullet point of second list, above sec.5.

I don't see how your second point would help her really.

To claim IB credits and IS she would have to provide proof of her incapacity back to before 30 December 2009 (or the date of her IS stopping if that was earlier). See DMG 42/09, then appeal the decision to stop her IS.

This may be better for her if like many people she is likely to fail the WCA but could pass the PCA.

Thanks Jane. The fact that as you say many people are failing the WCA but could pass the PCA is the point i was driving at when i mentioned claiming incapacity/income support.

Thanks for clarifying

Attended a JCP meeting last week and this problem was an item on the agenda.
Rules had been interpreted incorrectly by some BDC. This has now apparently been rectified and if person on IS and entitled to disability premuim, or has sick note covering the period parental responsibility ends, they do not have to apply for ESA but can remain on IS. Any claimants this has affected can now chose to return to IS if desired.

My understanding of this is that in order to be entitled to IS on the grounds of incapacity you need to have provided evidence of incapacity before 31st Dec 09, you can't provide a backdated sick note now to cover that period.

If she was in receipt of a DP this would suggest that the DWP were aware of the fact that she may have had incapacity for work. If she passed the PCA and was receiving credits there should not be any issue whatsoever regarding entitlement.