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Resurrecting cESA
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?
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) ]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?
Yes, incap converted to cESA, IS converted to ir-ESA.
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!!
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.