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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Resurrecting cESA

Elliot Kent
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Can somebody remind me on this please:

Client is an IB transfer to ESA; they also get PIP ER/ER. They have moved between groups - currently in the support group but have previously been in the WRAG for in excess of a year. Their entitlement letters show that they receive only the income-related ESA entitlement with various premiums. They have come into capital (£16k+, no disregards) and DWP has ended the whole thing.

The award would have initially been on a contributory basis as a conversion, but presumably the cESA entitlement was ended after the year spent in the WRAG. Is it correct that when the claimant was re-allocated to the Support Group, the entitlement to cESA ought to have resumed and therefore this aspect ought to continue in payment now?

Jon (CANY)
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Providing they retained LCW throughout, I think yes?

https://www.legislation.gov.uk/ukpga/2012/5/section/52/enacted

DMG 41862 reckons that a claim must be made, or report made of a deterioration in health

edit: and I don’t recall that being an incap conversion case makes any difference (are you sure it was incap, not plain IS?)

[ Edited: 18 May 2020 at 10:36 pm by Jon (CANY) ]
Elliot Kent
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Jon (CHDCA) - 18 May 2020 09:51 PM

edit: and I don’t recall that being an incap conversion case makes any difference (are you sure it was incap, not plain IS?)

I’m not sure - I was told IB but it’s possible that it was just IS. The significance being that if it was a conversion from plain IS, there would have been no cESA entitlement in the first place and that would be the end of it, yes?

Jon (CANY)
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Yes, incap converted to cESA, IS converted to ir-ESA.

From the other side
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I’m sure I can remember clients in the dim and distant past that had entitlement to IB but with an IS top up, I may be wrong though!!

Jon (CANY)
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From the other side - 19 May 2020 10:02 AM

I’m sure I can remember clients in the dim and distant past that had entitlement to IB but with an IS top up, I may be wrong though!!

Yes that was quite common. To be clear, by “plain IS” I meant income support only, as opposed to Incap Benefit which may or may not have been topped up with IS.