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Top Incapacity related benefits topic #4639

Subject: "ESA/IB linking" First topic | Last topic
suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

ESA/IB linking
Thu 26-Nov-09 05:06 PM

I'm having a row with our local JC+ BDC and just wanted confirmation that I'm in the right before I get even hotter under the collar! Plus I have several other cases of the same thing occurring.

Client was claiming IS paid as sick/IB credits only. Claim ended due to failure to attend a medical, appeal submitted as can argue good cause.

Client reclaims immediately and is awarded cbESA.

BDC have sent a letter saying they have applied the relevant sections of the ESA Transitional Regs but when I read the same regs it appears that her claim should have been treated as a claim for IB/IS as it is linked.

Have I gone wrong somewhere?

Sue

  

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Top Incapacity related benefits topic #4639First topic | Last topic