Transitional amount and the benefit cap

I have a client who was getting IB and IS, along with the enhanced rate of both components of PIP.  He was getting a total of £182.95 in IB and IS, more than his applicable amount under ESA so he was also awarded some transitional protection.

On review his PIP award was terminated (decision is being appealed), but he has continued to be paid the same amount of ESA on the grounds that he has transitional protection - ie he has kept both the severe disability premium and the enhanced disability premium plus a little bit extra.  Is that right?  I would have thought that the sdp and edp formed part of the ESA applicable amount which should have stopped when PIP ended and only the extra was the transitional amount.

He is now affected by the benefit cap, but is better off overall with the premiums remaining in place - however I am concerned that the decision is wrong and he is being overpaid.

I agree with you. The only transitional protection would apply to the IB transfer amount without premiums. The loss of PIP would end entitlement to SDP and possibly EDP if your client is not in Support group of ESA.