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esa linking rules
situation is client claims income support based on ib credits. inherits money over 16k so is entitlement stops. ib credits claim continues and is never stopped. client then uses capital and attempts to reclaim income support.
income support refuse claim and she attempts to claim esa. esa refuse claim as ib credits claim open. income support then change their mind and pay out income support including disability premium. income support then change their mind yet again and close is claim and tell client she must claim esa.
what are peoples thoughts on this?
from my reading of the situation the client would need to be in receipt of incapacity benefit to be able to claim income support again. what i am unsure of though is if a entitlement to ib credits is enough to satisfy the requirement for entitlement.
I think it’s right that an IB ‘credits only’ claim never put you in the category of an ‘existing benefits’ claimant, who was able to claim IB or IS after October 2008 (rather than ESA)
So I think your client has to make new ESA claim (can you use 3 months backdate provisions to cover missing period while there was confusion about possible IS?)
I don’t know what an existing IB recipient can claim as an income-related top up (say they live alone, get mid rate DLA care awarded and so qualify for SDP) now that ESA conversion rules have taken effect, and no further IB or IS (disability grounds) claims possible from 31 Jan?
thanks for the response. we have advised the client to claim esa with backdates etc and i would hope they dont now have any issue with good cause as there has clearly been official error.
I would agree with your opinion that it doesnt look like ib credits is enough to satisy the need for incapacity entitlement but I havent managed to totally convince myself either way though.
I think me may still stick in a appeal in regards to the income support refusal and see what the department have based their decision on.
“we have advised the client to claim esa with backdates etc and i would hope they dont now have any issue with good cause as there has clearly been official error”.
There is no need to show good cause to backdate ESA. ESA can be backdated up to an absolute maximum of three months, without reason.
“we have advised the client to claim esa with backdates etc and i would hope they dont now have any issue with good cause as there has clearly been official error”.
There is no need to show good cause to backdate ESA. ESA can be backdated up to an absolute maximum of three months, without reason.
unfortunately its been going on longer than that due to the initial claim being taken, passed to esa, esa refused, is being then allowed etc etc.
Then I’d consider requesting an ex-gratia payment to cover the loss.
But what, if anything, can the existing IB claimant claim? Presumably, the existing claimant would have to claim ESA in order to attract SDP ?
Then I’d consider requesting an ex-gratia payment to cover the loss.
she claimed is which was refused and was told to claim esa which was also refused. income support was then opened for a while and then closed again.
given that one of the decisions has to be wrong I would hope that we will eventually get one revised without need for payments for any losses to the client.
But what, if anything, can the existing IB claimant claim? Presumably, the existing claimant would have to claim ESA in order to attract SDP ?
from my reading of the transitional regs a existing ib claimant can claim is so the type of case i think you mean would allow a client to claim income support as a top up if they became entitled to the sdp for example. in my case the issue appears to be if entitlement to credits only is enough to satisfy that part of the transitional regs.