Client on ESA but found fit 15.12.2008, receiving the notification xmas eve. Sought advice from elsewhere and was advised to appeal the ESA decision and also claim IS as lone parent at same time..

Now awarded IS as LP from 07.01.2009.

JCP phoned him last week to tell him he must withdraw one claim as he now has two ongoing. They suggested withdrawing the IS LP claim otherwise he will lose out 2 weeks money (between ESA stopping and IS starting). I don't know whether this is the right thing for him to do.

Is it not possible for him to claim IS as LP and also continue with the ESA appeal ?

Why can't he claim IS as sick and a lone parent at same time ?

What's the best advice to give him?

Many thanks for any advice you can give me.

Sue

On a technical point he cannot withdraw any claim because a claim ceases to subsist once a decision is made on it (section 8(2)(a) Social Security Act 1998). He cannot claim ESA if he is entitled to IS (section 1(3) Welfare Reform Act 2007).

If he has opted to stay on ESA after failing the WCA then the DWP need to revise or supersede the IS or ESA award decision. At least they contacted him and gave him the option of which benefit to stay on. If he wants to come off ESA he should make it clear that he wants his appeal to continue.

If he opts to stay on IS this does not interfere with his ESA appeal. If he wins then the DWP should then supersede the IS decision and he just goes back to where he was.

He cannot claim IS if he is incapable of work unless he gets SSP which would not apply in his case.

Regards
Paul

Knew I could trust one of you techies to come up with the answer. I was all confused !

Thanks very much Paul