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Income Support under old Regs?
Hi, I think I am right but would be grateful if someone could confirm.
Client receiving Severe Disablement Allowance and M/R care L/R mobility. She lives alone.
Following a benefit check it appears client is entitled to Income Support. I have advised client to make a claim for IS. Am I right in thinking that she will be entitled because she falls under the old Regulations? Or will she be made to make a claim for ESA?
:o/
Hi, I think I am right but would be grateful if someone could confirm.
Client receiving Severe Disablement Allowance and M/R care L/R mobility. She lives alone.
Following a benefit check it appears client is entitled to Income Support. I have advised client to make a claim for IS. Am I right in thinking that she will be entitled because she falls under the old Regulations? Or will she be made to make a claim for ESA?
:o/
Can the DWP tell the client that she needs to claim for ESA?? I have advised client to make a claim for IS over the telephone. I know she will have to convert eventually but isn’t there certain rules about how this should be done?
The client can make a claim for either ESA or IS… but she should be awarded IS not ESA.
See the Employment and Support Allowance (Transitional Provisions) Regulations 2008 (SI 2008 No. 795) (all references to regulations below references to these).
1. She is entitled to claim IS - usually such a claim is treated as a claim for ESA (Reg 2(1)). However, her IS claim will not be treated as an ESA claim because she is on SDA (see Reg 2(2)(d)) and so is what it says on the tin: an IS claim that can be awarded.
2. If she claims ESA then it must be treated by the DWP as a claim for IS (see the at Reg 3(1).
Martin
The client can make a claim for either ESA or IS… but she should be awarded IS not ESA.
See the Employment and Support Allowance (Transitional Provisions) Regulations 2008 (SI 2008 No. 795) (all references to regulations below references to these).
1. She is entitled to claim IS - usually such a claim is treated as a claim for ESA (Reg 2(1)). However, her IS claim will not be treated as an ESA claim because she is on SDA (see Reg 2(2)(d)) and so is what it says on the tin: an IS claim that can be awarded.
2. If she claims ESA then it must be treated by the DWP as a claim for IS (see the at Reg 3(1).
Martin
“She is entitled to claim IS - usually such a claim is treated as a claim for ESA (Reg 2(1)). However, her IS claim will not be treated as an ESA claim because she is on SDA (see Reg 2(2)(d))”...
Oh my - They like to make things so complicated or it sounds so complicated!!
But yes it is as I thought she should be treated as receiving IS.
Thank you Martin. Very much appreciated.
Just had a call from client.
As she is still receiving SDA I advised her to make a claim for IS (top up due to SDP) over the telephone. However, the operator has advised her that she cannot make a claim for IS. The operator advised her that she can only make a claim for ESA. Is this right?
Will she continue to receive SDA and have ESA as a top up or will her whole SDA claim be assessed as ESA?? Or should she be able to make a claim for IS under old reg’s because she is still receiving ESA. Very confused?
Martin’s advice still stands. She should be awarded IS no matter what she claims until her award of SDA becomes a conversion case.
Its possible to download an income support claim pack from the directgov website.
You can complete the claim pack onscreen and then print it off or just print off a copy and complete it in the old fashioned way.
Here is the direct link -
Its a lot easier than trying to succeed in making a income support claim by telephone.
Thanks guy’s :o)