My client is receiving IS only as a result of DMG memo 30/09 (continuing entitlement to IS). She went onto SSP with an IS top up in Feb 09 which ended July 09. The DWP have finally agreed to pay IS in full now. There is no medical pension from work. We have asked them to consider a claim for ESA made in July as a claim for ICB but they appear to be ignoring the request.

Does anyone know if she has any entitlement to ICB anyway as claim is after 27/10/08 with no linking (NI is ok) ?

I was looking at whether there were any disadvantages to her not getting the NI benefit. There would be if she wanted to take up permitted work or move in with a partner. Both scenarios are pretty far away in her thinking at present but they might be an issue at a later date.

If she was getting IS whist on SSP, and she has enough NI, then the ESA claim should have been treated as an IB claim.

What was the decision on the ESA claim?

She was forced to withdraw the esa claim. Thats when we requested that it was dealt with as an icb claim. Verbal request made only though

In that case she needs to put in an incapacity benefit claim requesting backdating to the date SSP ended (claim on a paper form if the new claims call centre won't let her claim).

I would also put a complaint in that they refused her a benefit without issuing a proper decision - they can't force anyone to withdraw a claim, a decision has to be made on every claim.