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Housing costs with ibESA; migration from cbESA
Can anyone clarify for me please…have read relevant CPAG section but still not sure
Client been on cbESA which has now stopped after 1 year. She should be entitled to ibESA with housing costs (although not sure whether she would have been entitled to ibESA top up if she’d claimed)
Will the the waiting period start from date of ibESA claim? or will time on cbESA count for waiting period of 13 weeks?
Thanks for any help…
I don’t think they should have to wait.
ESA Regs Schedule 6 para 15 subparas 8 and 9 :-
(8) For the purposes of this Schedule [Housing Costs], sub-paragraph (9) applies where a claimant is
not entitled to an income-related allowance by reason only that the claimant has–
..
(b) income equal to or exceeding the applicable amount which applies in
that claimant’s case; or
(bb) an amount of contributory allowance payable in respect of a claimant under
section 2 that is equal to, or exceeds, the applicable amount in the claimant’s
case;
..
(9) A claimant to whom sub-paragraph (8) applies is to be treated as entitled to an
income-related allowance throughout any period of not more than 39 weeks which
comprises only days–
(a) on which that claimant is entitled to a contributory allowance, ..
(DMG 44570,44571)