SDA & conversion regs query

Am getting a bit lost with this. Client is receiving SDA (with highest age addition) and DLA LRCC. Would have been entitled to IS top up prior to 31/1 due to DP. Presumably, he now has no choice but to claim IR ESA. If so, what happens during first 13 weeks being as SDA is more than ESA assessment phase rate? Does he have u/e for this period followed by actual payments of ESA if he passes WCA (to top up to WRAG/SG level)? Presumably, his SDA is transitionally protected?

Am I right?

He can still claim IS. We asked DWP this question a while ago and they said:

“The changes from 31 January do not apply in the circumstances described.

Where a customer makes a claim for an income-related top-up to an existing IB/SDA award (ie before the award is subject to reassessment), it will continue to be accepted as an IS claim; and where a customer who gets IS (for incapacity) (ie before the award is subject to reassessment), puts in a claim for IB (because they start to satisfy the contribution conditions), it will continue to be accepted as an IB claim.”

Thanks all (including Tony B, who has very kindly spent most of the morning helping me with the above to the detriment of the big pile of files on his desk!)

I don’t think the new regs alter the point raised in this thread.  Just for info, however : SI 2010/875 revoked 27-Aug-2010 (by SI 2010/1906) and superseded by SI 1907/2010 (now further amended by SI 2010/2430).