Cannot move to IBESA from CBESA in a full live service area?

I’ve had a query from an adviser follwing her help a client make a ESA3 claim to move from CBESA to IBESA in a full live service UC area.

Local DWP adamant that it not posible for the client to be awarded IBESA and that they need to make a UC claim.

This is on the grounds that a UC claim is needed due to change of circumstances.

Can’t see how DWP has this position given it acknowledging ESA is one benefit -

https://www.disabilityrightsuk.org/news/2018/january/nawra-receives-reply-esther-mcvey-over-potential-esa-underpayments 

Has anyone else run into this issue?

Why is he moving to IRESA from CBESA?

365 day rule as not in SG of ESA?

Or does he need a top up to ensure he hits his applicable due to missing premiums?

Full service here for over a year. Have definitely successfully ESA3’d clients without a problem.

Thanks HFCAB

From a previous thread, some DWP staff guidance stated:

6. However, If a claimant made a claim to legacy ESA (C) and on the date they made the claim, the area they lived in was not a Universal Credit Full Service (UCFS) geographical area, however, when their ESA (C) exhausts, the area they live in is now a UCFS geographical area, they must claim ESA (IR) and an ESA3 must be issued

The cases to look out for would be awards of new-style ESA, which I don’t think could convert to income-related ESA (can they?).

I think that’s right - if they’re on new style ESA (which they would be if they were in a full service area when they claimed ESA) then that is contributory only so you can’t claim an income-related top up. But if they were on old style ESA then they should be able to top up as it’s one benefit