Returning to IS after claiming ESA in full service area

Hi,

Currently helping a client with a PIP challenge. Her PIP ended last week after a review. Her son receives carers allowance and income support. The area will be going UC full service in a month’s time. We are considering whether he should claim a legacy benefit now or wait until his IS runs out and then claim UC.

My question is this: if he claims a legacy benefit, would it be possible for him to go back onto income support if his mum wins her PIP appeal? (As the area will be full-service by then.)

I think it might be possible, as there wouldn’t have been a break in the CA entitlement once the PIP award is backdated so the original IS claim can start back up again - so it’s not a new claim. But I’m not entirely sure. Has anyone had any experience of this?

Thanks

I’m not sure of the answer to that but another possibility might be to make a new PIP claim before you go Full Service, spin out the claim as long as possible - extensions to return the form, rearrange assessment at last minute, etc. - and claim IS as a carer awaiting determination of new PIP claim (26 weeks + 8?). In meantime try to expedite original PIP appeal so it is heard ASAP. Not ideal but a possibility if restoring IS claim not possible post tribunal?