better-off on ESA than IB

I’m getting a bit tied in knots with this one and worried I’m on the wrong track.

I have a client currently receiving IB with age addition and DLA low-rate care.  He is single and lives alone and has no savings.  He doesn’t receive IS as a top-up.  He is currently having chemotherapy and this might last for some time.  It seems to me that in this situation he would be better-off in several ways claiming ESA.  Not only would he receive more benefit, he would receive irESA and so receive full HB/CTB, and be able to claim CCG (which would be helpful - wont go into that now).  What is particularly swaying me is that he will be transferred to ESA at some point soon anyway.

I think this wouldnt be the case if my client wasn’t to be placed in support group because of chemo because he wouldnt receive enhanced disability premium and would have to go through the rigorous WCA.  Do others agree?

We are going to attempt to get his DLA supseded to higher-rate of care, and so client might become entitled to severe dis. premium.  In this situation, and he was still receiving IB, could he claim IS or have the rules changed?  Would they decide to begin a transfer to ESA in these circs?

Also, if we decided to claim ESA, how would we do this?  End his IB claim first or request transfer?  Would he meet NI contribution conditions for ESA if we ended IB claim?

Sorry for all the questions in one, but this is doing my head in.  I cannot decide what to advise.  Any help would be much appreciated.

I’ve calculated that his ESA would be higher than what he currently receives as he will be in the support group because of chemo and so receive enhanced disability premium - £113.90pw (currently receiving £108.05), not to mention full HB/CTB as irESA included

Need to watch out for this, client who was on IS (based on incapacity with NI credits) found ‘‘fit’ 2008. End up being directed to claim ESA pending appeal, did so, got called in by ATOS before the 1st appeal was listed. Found no longer incapable of work appealed, again, called in for medical found fit again.

Appeal 1 and 2 listed and heard in Dec 2010 ( yes took two years to get listed ). Both appeal found in favour of client. Due to the wonders of reorganisation ended up chasing the case papers and file around the country. Among other gems on the way client told by ‘Decision Maker’ you can’t get IS as you are entitled to more under ESA and any way ESA Decisions out way the ‘opinion of tribunal as they aren’t trained like our assessors are’... Thank the lord for that. As the rep I pointed out the error of their ways to the section manager, but still they refused to re-instate IS entitlement and resolve the backdating until the third appeal was heard. Pointed out that the 1st Appeal re-instated the entitlement to IS so subsequent decisions where null and void since the assessment was made under the wrong criteria. 3rd Appeal heard and ‘won’ with note from Chairman that they did not appreachiate the delays on the case and any way should have been resolved by the 1st appeal decision.

Again thrown into the blackhole known as the telephony system, eventually being informed that there was no one on the section who could calculate the backdating, and insistant that the rate of ESA would be ‘much higher’ than the entitlement to Income Support.

In the end we had to make formal complaint and request compensation to get it resolved.

Also still getting occassional clients being told that IS no longer exists so no point in your applying.

Duncan - 14 September 2011 12:55 PM

Income support will be £67.50 single adult rate plus £28.85 Disability Premium plus £55.30 Severe Disability Premium.

Total £151.65 less his ICB plus full rent/council tax rebbate.

And if he gets high care DLA add £14.05 Enhanced Disability Premium as well.

My calculation was without severe disability premium.  I am sure in this quite rare situation my client will receive more ESA than he would IB/IS.  If client becomes entitled to severe disability premium, he will receive ESA (ir/cb) of £169.20pw - (IB/IS - £151.65pw).

Enhanced disability premium is included for my client with ESA regardless of DLA.  Even if high rate DLA awarded, my client would receive more ESA; £169.20 as opposed to £165.70. 

If my client’s DLA isn’t superseded, then he wouldn’t get any IS at all.

This has been my dillemma, as it would previously have been a knee-jerk reaction to advise my client to remain on IB.  Even if we decide he is better on ESA, how do we go about this?  Would NI conditions be something to think about? (even though my client would currently receive same amount whether income-related or contribution-based)