PC and ESA

My client is due to claim PC although his claim has been rejected as they say he must first end his ESA claim? My client does not want to do this as he will keep getting the NIC. I think that there are wrong but just wanted to check as otherwise his ESA would be £99.85 (converted from IB) against PC of £137.35 - or a top up to that level.

As I say I think PC are wrong but wanted to check and not go in all guns blazing in case I am missing something i.e. the new rules of ESA after 52 weeks mean that as the claim will be IRESA he cannot claim that and PC?

Thanks in advance.

Would the ESA(IR) pensioner premium not mean that he ended up with same amount whether ESA(IR) or PC?

(assuming there’s no issue with savings.)

That’s what I was missing. It is because he is currently on appeal with the ESA.

Brilliant and sorry was being so dim!

roecab - 29 March 2012 09:46 AM

My client is due to claim PC although his claim has been rejected as they say he must first end his ESA claim? My client does not want to do this as he will keep getting the NIC. I think that there are wrong but just wanted to check as otherwise his ESA would be £99.85 (converted from IB) against PC of £137.35 - or a top up to that level.

As I say I think PC are wrong but wanted to check and not go in all guns blazing in case I am missing something i.e. the new rules of ESA after 52 weeks mean that as the claim will be IRESA he cannot claim that and PC?

Thanks in advance.

Being that he is eligible for PC, his NIC should be automatically credited to him.

This is a common misconception by the DWP as they are well known to say that claimants cannot have ESA (Contribution) & GPC.
Obviously it is different for IB ESA.

Anybody wishing to transfer from CB ESA to GPC will have to be aware that they may try to claim a deprivation of benefit.

There are ways round this , but to answer your question, Yes you can have CB ESA & GPC top up with no problems.

IB ESA to GPC is another matter.