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Top Incapacity related benefits topic #5118

Subject: "Incap credits and ESA" First topic | Last topic

Welfare Rights Officer, Notts County Council
Member since
27th Mar 2008

Incap credits and ESA
Tue 04-May-10 09:27 AM

Hi, sorry, more IB/ESA.

I have a client who is entitled to IB credits. She was on IS, but this was stopped Oct 09 after a cohab decision (appeal regarding this is still ongoing). No income apart from DLA.

Alleged partner moved out (April 2010) so she reclaimed. Local BDC told her to claim ESA, I told her to claim IS so in the end she did both.

IS has been refused. Initially I was quite sure this was wrong and that IB credits should give her an entitlement to IS, but the more I think the less sure I am. I think the relevant regs are the Income Support (Prescribed Categories of Person) regs 2009. This seems to only allow IS claims for people who were entitled to IS ‘immediately before’ 30.12.09.

Any thoughts would be gratefully received. To make matters worse the ESA claim has been in for 5 weeks and still no decision on that.


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