I have recently had two clients, single parents failed ESA capability. Whilst waiting for the appeal both have received documents asking if the want to go back onto IS as they are incapable and had the condition prior to being force to claim ESA, I have advised them to do so, will they now go for IB pca ? what happens to ESA appeal, I haven't withdrawn the appeals yet

Hi Steph.

I too have the same scenario! I have advised my client to stick with the ESA appeal (if successful, then obviously financially more beneficial, more quickly)

I did wonder about asking for a reinstatment of IS, but have a sneaking suspicion that this would prompt a PCA very quickly, with the outcome being the same as the ESA.

Mine, and the client's concern was that if this was the case, and we appealed this decision, would she then end up on reduced IS rates till the appeal was heard?? Tis all a bit confusing.

Anyone else's thoughts on this??

Regards Jackie

They are following the procedure in DMG memo 41/09. If they choose to revert to IS the decision to award ESA will be revised and the appeal will lapse. ESA already paid will be offset against the arears of IS.

Thank's for that Brian.

So just to clarify.... My client will probably be better off sticking with the ESA appeal for the financial benefits (if successful)?

My client would only qualify for the 12 month's D.P if IS had been in place from this March, so there wouldn't be any offset as such.

Thanks again

Jackie