Incapacity Benefit & Contrib ESA appeals running at the same time

My client was getting incapacity benefit but failed PCA in June 2010. He lodged an appeal and is (of course) still waiting for his hearing date.

He did not want to claim JSA and does not qualify for IS as partner working, so he made a claim for contrib-ESA in July 2010. He then underwent an ESA LCW assessment and failed. He lodged an appeal for this in November 2010. Hearing date way off in the future…
Aseesment rate C-ESA still in payment.

If he loses the IB appeal - he should still carry on getting his C-ESA until that appeal is heard. 

My question is:

Looking at DMG 16/10 - para 10 it appears that if the IB appeal is successful he will go back onto incapacity benefit as that is higher than his assessment rate C-ESA. In which case - should he then leave the ESA appeal lodged to be heard at appeal or should he withdraw it? Wil it become superfluous at that point?

Thanks in advance - this is actually the first time I have hyad this situation crop up!

Our local TTS has been told to list the ICB and ESA appeals together with the same tribunal to hear at the same time.  The tribunal then gives the ICB decision first.  If this is in the appellant’s favour he is then invited to withdraw the ESA appeal.  If the ICB is disallowed then the ESA case is heard in full (if not done so already).  It happened to a client of mine last year.  We got the ICB and then withdrew the ESA.  No hassle.

Thanks Nevip - that sounds more straight forward that I could have hoped!

There does not seem to be any mention in the new ESA appeal submission of the earlier ICB submission - can I assume they have been linked by the DM??

No.