Income Support when partner is getting Contribution Based ESA

I don’t know whether this should go in the IS or ESA threads…...........

My clients are a couple who both get DLA MRC and therefore get 2xSDP included in the Income Related ESA calculation. They might be rather better off if they were to claim 2x Carers Allowance. As one gets Cont. Based ESA and the other gets MA neither could be paid Carers Allowance and the 2 x SDP could continue but they would also get 2x Carer Premiums added.

As the rules for IS are slightly more generous than ESA I think it would be possible for the one on MA to claim IS (once she has become entitled to CA ). Her husband would obviously have to withdraw his Income Based ESA clalim if she applies for IS but I dont know if he could do this without withdrawing his Contribution Based ESA claim at the same time. If he did this only one SDP would be payable and they would probably be little better off.

ESA appears to be one benefit with additional conditions for IR and Cont based versions rather than two separate benefits so I wonder whether withdrawing the IR component would automatically mean withdrawing the Cont. Based Component as well.

Any thoughts, case law or opinions welcome