Can you have limited capability for work whilst claiming IS? 

I know you can’t be paid the WRA or support component when you have an IS claim. And you can’t be paid IS at the same time as ESA. But if you are a single claimant, can you have an underlying limited capability for work whilst at the same time as claiming IS? P1. ss1. of the Welfare Reform Act states that ‘an allowance, known as ESA, shall be payable in accordance with the provisions of this Part’ and it then goes on to preclude those who are entitled to entitled to income support. But I note that it talks about an allowance being ‘payable’ which makes sense, given that you can’t be paid ESA and IS at the same time as a single person. But putting aside the fact that an ESA allowance isn’t ‘payable’, can the person nonetheless have LCFW whilst on IS? The query relates to a claimant who has IS which is due to stop and now wishes to claim ESA. Can she ask for 3 month backdating on the ESA claim, submitting backdated sicknotes to the DWP, to shorten the waiting time for a component, overlapping with the period covered by the IS claim?

I hope this makes sense.

Cheers

Alex

No you can’t. The first day of the assessment phase is the first day of entitlement to ESA so while in receipt of IS he is precluded from entering the assessment phase which of itself is a prerequisite of being assessed as having LCW on a 1st claim.