ESA migration payments, when do you lose entitlement?

Query:

Client was in receipt of Incapacity Benefit he was migrated to Employment and Support Allowance and paid a transitional amount to same level of Employment and Support Allowance with the WRAC to a total of £108.05 per week.

Client then had to claim income related Employment and Support Allowance as he had been in receipt for 52+ weeks. He has now been awarded this but less the transitional payment of £8.90 per week.

So, does the claim to IRESA lose the transitional protection then?

Thanks in advance

Hi,

If the periods of limited capability are linked (which they should be if he moved straight onto IRESA) you keep the transitional addition.

Jane

Jane, many thanks

We have been contacted by the DWP who state that he has lost entitlement to TP when he had to claim IRESA from CESA and refer to Regulations 16 and 18 of the The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010

I have had a quick look at this but it does not seem to be the case i.e. the cited regulation does not seem to allow them to remove the TP

Anybody have any thoughts on this or have the regulations that states my client should remain entitled to TP with his claim?

Discussed here:

http://www.rightsnet.org.uk/forums/viewthread/3919/

Nevip,

That is very helpful, thank you.