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IB to ESA transitional protection
This should be a straightforward query but my research is bringing up conflicting information. My client has an age addition on his IB. If he is successfully migrated to ESA he will get transitional protection so his ESA payment will stay at the same level as his IB. Can anyone tell me what happens if he fails to be awarded ESA and then gets it on recon or appeal - will the transitional protection remain and the top-up reinstated and backdated or will he lose it permanently? Do the new rules on mandatory recon make any difference, because he will have to claim JSA whilst the recon is done? Are there any time limits?
I had a case like this last year. As the appeal corrects a decision about the date of the migration, the transitional protection will apply.
The mandatory recon appears to leave no option but to claim JSA whilst the recon is being considered. This to me poses the problem of saying you are fit to work and then stating that you never were in fact. However, there appears to be no choice to my knowledge unless there becomes provision to claim ESA hardship payments which so far there isnt under this scheme.
Thank you, I am reassured.