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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

IS vs ESA

Damian
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Welfare rights officer - Salford Welfare Rights Service

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Total Posts: 211

Joined: 16 June 2010

s1(3) of The Welfare Reform Act says a claimant cannot be entitled to ESA if they are entitled to IS so that where someone is entitled to both IS wins out. But what happens where one of a couple is on ESA and the partner claims IS? Which provision covers whose claim takes precedence?

Damian
forum member

Welfare rights officer - Salford Welfare Rights Service

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Total Posts: 211

Joined: 16 June 2010

Found it : sched 1 para 6 WRA - partners IS wins