INCAPACITY BENEFIT AND INCOME RELATED AMOUNTS

I have a client who still gets Incapacity Benefit, first claimed 2008. The DWP have not yet required her to transfer to ESA . She gets IB at almost exactly the same rate as ESA/Support. She has no other income other than maximum PIP,  no savings, and lives alone. So she is entitled to income related amounts ie Enhanced Disability Premium , Severe Disability Premium, Disability Premium.

Can she claim Income Support? Or can she claim ESA?  Or should she claim UC? (She lives in Wales which is UC live for new single claimants)

If she is still on incapacity benefit she will need to claim income support as a top-up. She can’t claim ESA until she has been through the migration process and she doesn’t meet the gateway for UC. You may find it difficult to persuade the claim line that she is entitled to claim income support as a person who is not able to work, but you will need to stress she is still on incapacity benefit.

You’ll probably have to resort to a clerical IS claim form. My experience is that the claim line just can’t get their heads around this scenario.

and then, presumably, the DWP will then twig they haven’t moved her over and she’ll have to deal with ESA applications etc etc etc…..