ESA or IB

Client failed a PCA in August 2010 . He was on IB (no IS). He appealed in October 2010 and this has apparantly been accepted as a late appeal, but his IB was not stopped (due to DWP error) until 2 weeks ago. He is now on appeal rate IS.

He has cancer, which was in remission at the time of his PCA. The cancer has subsequently reurned from November and he is alot worse and awaiting chemotherapy.

My question is how to deal with his deterioration. Obviously he can claim ESA and may pass a WCA now. But can he reclaim his IB due to detrioration, due to the linking rules, as it was only stopped 2 weeks ago? I think the linking rules for IB (including the welfare to work beneficiary route ) have been recently aboloished - is that right?

Many thanks!

“I think the linking rules for IB (including the welfare to work beneficiary route ) have been recently aboloished - is that right”?

Yes, unfortunately, from 31/1/11.

Thanks for that - have you a link to further info on this?

Reg 24 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010.