ESA where partner doen’t have LCW

Am getting confused over Welfare Reform Act 2009 s5: does this yet take effect so as to stop a claim for IR ESA where the potential claimant’s partner capable for work. In other words in this situation must the claim be one for IB JSA by the partner rather than one for IR ESA by person with LCW?  In our case they are in fact better off going down the JSA route as she (person with LCW) gets DLA so there will be a couple rate disability premium in JSA: but if she weren’t receiving DLA they would seem to be worse off as there would be no extra “sickness” premium/component in JSA. And if a JSA claim does she need to protect her NI credits by claiming ESA credits only?

I think you are reading it right but I didn’t think this had been brought in yet - it needs a statutory instrument, have a look at s61. Unless I’ve missed the statutory instrument in which case someone will set me straight.

I also had same question after reading that this was a proposal a while ago, but again can’t find anything to suggest that it is been introduced yet.

My question further to this though; my client claims IS on disability grounds for himself and his partner (no CA entitlement for partner because only LRC DLA). At the present time from I understand from CPAG that the partner of an IS claimant is only required to attend WFI’s if or when requested. When they are eventually transferred to IBESA, assuming that the above proposal still hasn’t been implemented, will this change in any way and do we know yet what the requirements will be on the claiment’s partner?