LCfW for IRESA only

Client claimed ESAY and failed the medical which is being appealed. He then went back into education and since he was on DLA and not a qualifying young person he should be treated as having LCfW for IRESA only (reg 33).

So we are now in a strange position that while waiting for the appeal date that he is treated as having LCfW for IRESA but not ESAY. He is recieving ESAY at the assessment rate pending the appeal as per reg 6, however should he be receiving a top-up of IRESA inc a SDP and WRAG component? I think he should get the SDP but I think reg 6 excludes him from the WRAG component because the assessment phase doesn’t end until the tribunal. Anyone have any views on this?

I don’t think they really thought through this exemption.

Supercession went in although it’s taken them three months to accept that the rule even exists.

I guess the issue is then what happens if they win at appeal?

From the point in time when they enter education the ESAY would stop and they would get IRESA. Once they win the appeal the ESAY will be backdated between the date he failed the WCA and the date they went into education. Does winning the appeal give the young person entitlement to ESAY throughout the period and therefore once his award is ammended post-appeal he will be on ESAY with a IRESA top up? I would have thought this would be the case but I would not enjoy explaining this to the DWP.