I don't seem to be able to get this clear in my mind so I thought I would ask for other people's experiences!

Client was taken off IB after a medical, appealed and claimed JSA in the meantime. The jobcentre recognised that he was in fact too unwell to be on JSA and suggested he claim ESA which he did. We won the IB appeal. I'm Ok with the interaction between JSA and IB following the appeal but what is the effect of the ESA claim - is this overidden by the IB decision, does he have to withdraw the ESA claim (he is quite anxious about the medical) or now he is on ESA he have to stay here despite the IB decsion.

From Memo DMG 16/10

Overlapping benefits

11 ESA(Cont) and IB are both personal benefits and subject to adjustment1 (see DMG 17040 - 17041). The guidance at DMG 17050 and 17052 - 17061 should be followed to decide which benefit should be adjusted2.
1 SS (OB) Regs, reg 2(1); 2 reg 4(5)

Example

Audrey’s award of IB was terminated on 8.5.09 after she failed the PCA. She claimed and was awarded ESA(Cont) from 25.5.09 and was placed in the support group from 24.8.09. Her IB appeal was allowed on 27.11.09 and she is due IB arrears from 5.09.08. For the purposes of overlapping benefits the weekly benefit ESA (Cont) takes precedence over the daily benefit IB. Only the balance, if any, of IB is payable for the same period.

ESA(IR) AWARDED AND IB APPEAL ALLOWED

12 Where
1. the claimant made an appeal against termination of IB and
2. the claimant is awarded ESA(IR) and
3. the IB appeal is successful entitlement to IB is reinstated. The claimant remains entitled to ESA and IB as long as the conditions of entitlement for each benefit continue to be satisfied.

Thanks for that , I should have looked at the DMG in the first place!

This would seem to imply that if my client then fails the ESA medical he can just revert to IB and stay on that until it is decided he has to have another PCA or he gets caught up in the migration from IB to ESA.

And the ridiculous thing is if he has entitlement to both he remains subject to both the PCA and WCA at the same time and won't know whether he is coming or going.