PC & incapacity

Hello

I’ve also posted this on the ESA forum.

I have read some previous posts going back to 2010 and wanted to see if anyone had any other experiences of “ending” an incapacity claim while they were also receiving PC.

A client is being migrated over but due to severe learning difficulties (DLA HRC indef) is unable to fully comprehend what is required at an ATOS medical etc.  He is 62 and currently on ICB with a top up of PC.  His carer does not want him to endure a medical.

He has been sent an ESA50 and the options are to 1) not return it or 2) return it and then possibly fail the medical = max PC with no future reassessments under ESA.

I have spoken to both PC & ICB and both have advised that there was no benefit in remaining on ICB/ESA.  I have read on this forum that ending the ICB/ESA claim by failing to return the ESA50 will not be seen as a deprivation of income - my client is happy to proceed with this but obviously I want to have the full facts/risks before doing so.

Any advice?

Thank you!

I would normally explain the advantages of remaining on IB / ESA that is non means tested so future capital or getting a new partner etc will not change this part.

Disadvantages such as facing an ESA medical that could have knock on effects for the DLA claim, hassle of medical stress etc.

Unless in the support group of course!