IS on sickness grounds

Think I’m losing the plot. Client receives IB LTHR, and DLA HRM/HRC. Partner receives CB ESA. Can client claim IS top-up (they would qualify) or does it have to be IR ESA in partner’s name? Thought they could, now think they can’t. Help…

Think I’ve answered my own question- yes, client can claim IS. Had a horrible moment of doubt…

Sorry all!

Thanks- that was one of the things that was worrying me. I couldn’t remember whether the change had happened or was about to and then couldn’t find the references. Was concerned I had misadvised client and was mightily relieved to confirm I hadn’t.

Thing is, this is one of those cases where IR ESA wouldn’t be payable as income is too high based on ESA applicable amount (lack of DP). I wonder how many potential claimants will forever have missed out on IS entitlement? (espcially as this was one of those cases where client tried to claim IS via contact centre and was told he couldn’t).

end of a long day so maybe I’ve missed something but can’t partner claim as carer and get carer’s premium too with IS?

Hi Grant,

Yes she can and I’ve been trying to pursuade her to do just that but for various complicated reasons she is reluctant to do so at present.

Hi,

There’s a useful summary of the transitional provisions re IB/ESA migration due to take effect from 31.1.11 in latest WRB (Dec 2010 edition).

Lucy.