ESA Conversions and Contributions

My client has been receiving income support on grounds of incapacity since 1997. At the start of the year he was advised he would be transferred to ESA and scored zero points at his medical. He appealed and was initially put on income-related ESA by the DWP. At some point in the last few weeks, client received a letter stating that he is now on contributions-based ESA.

I know that IB/SDA to ESA conversions in effect waive the contribution conditions, but I can’t see any means for the DWP to do this for IS to ESA conversions. He has received a letter stating that the DWP has used his contributions from 1997 and 1998. Does anyone know of the specific provision that allows the DWP to use contributions from this far back? The BDC insist that they treat the contribution conditions from the day the client went on to IS.

I cannot find any basis for this, unless he was getting a combination of IS and IB at the point of the conversion decision.  My understanding is that an award of IS will be converted into an award of income-related ESA, and an award of IB converted to an award of contributory ESA, without having to re-satisfy the contribution conditions.  Whilst appealing the WCA, if he was previously in receipt of IS only, then he would get income-related ESA at the assessment phase rate.  I am not aware of any specific provision that allows the DWP to use contribution conditions back to 1997/8 to enable someone who was not previously able to get IB, to qualify for ESA contribution-based…