ESA transitional protection, sda and pensions

Client has a very old survivors pension of £200 a week, She was on sda, ib then cbesa support group with iresa top up. They are disregarding the whole survivors pension for cbesa. I tried to argue it should be disregarded for iresa also due to transitional protection if someone was getting a pension on sda and was getting HRC dla. I know this was a long shot. But I quoted para 11 of schedule 1 & para 14 of
schedule 2 of the ESA (Existing Awards)(No.2) Regs 2010

Now I don’t know where I got that legislation from. Can any one send me a link to it. And can anyone tell me if this argument is totally pointless

Thanks

Here are the regs - http://www.legislation.gov.uk/uksi/2010/1907/contents - but I haven’t gone through them to comment on your argument…

I think it will have been ignored for incapacity benefit purposes under section 30DD of the SSCBA, because it sounds as though it isn’t a “pension payment” as defined there. I am sure I have had similar cases in the past. I honestly don’t think there is any argument for not taking it into account as an income for income related ESA