IS on grounds of Incapacity to ESA Conversion

we’ve seen a few clt’s now who have been claiming IS on grounds of disability.  Instead of being sent ESA50’s to be converted to ESA they have had their IS claim stopped and been told to fill out an ESA1 to open a new claim for ESA.
Is this correct?? 

Everything I’ve read seems to suggest this is wrong and they should have been sent an ESA50 and then if found to be unfit for work be awarded income based ESA with a component (WRAG or Support) and a transition amount if needed.

Please can you help

If they were getting income support on the basis of disability, with no break of claim from 30/12/09, then they should have been sent an ESA50, assessed and a conversion decision made as to whether they have limited capability for work.  If they were getting income support for another reason (e.g. lone parent, carer) and no longer qualified on that basis, then they would not be able to claim IS on the basis of disability and would instead have to make a fresh claim for ESA.  If the IS claim has been terminated incorrectly an appeal/ revision should be made against the decision.

I have the same query - can you please advise the Regs on this. I have seen the DMG around this area, is there anything else to back this up?
Thanks.

The framework of the conversion process (to ESA) is contained in the Employment & Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010.

The conversion process starts with the conversion notice.  Under Reg. 4 the Sec of State sends a notice to a person in receipt of an existing award informing them that, depending on meeting certain conditions, that award is to be converted into to an ESA or terminated.  The regulation has effect in relation to existing awards of incapacity benefit, SDA or income support (on basis of incapacity).  The DM makes a “conversion decision” under Reg. 5 , i.e. decides whether they meet the basic conditions of ESA, a process which involves carrying out a WCA.  If the claimant satisfies those conditions the existing award qualifies for conversion to ESA. If deemed not satisfy the conditions the existing award does not qualify for conversion and comes to an end, though claimant has a right of appeal.

The consolidated version is in the Social Security Legislation 2011/12 - vol1 (pub: Sweet and Maxwell).

Just because this thread refers to ‘disability’ as opposed to ‘incapacity’ - is there a possible issue with claimants getting IS purely on one of the disability grounds, but who are not also getting incap credits? I think they would also have an existing award that should qualify for conversion, but is that being picked up properly by DWP?

Eg, see this thread:
http://www.rightsnet.org.uk/forums/viewthread/2255/

Anyway, if IS has been stopped, but not on the grounds there has been a conversion, what were the reasons given? And have you appealed, eg just on grounds that there are no valid reasons to supersede the IS award?