Kurt
Welfare Rights Officer, Tameside MBC Welfare Rights Service, Ashton-under-
Member since 27th Jan 2004
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ESA & IB linking rules conundrum
Wed 06-Jan-10 10:35 AM |
I have a customer with an IB appeal that, hopefully, we can win. In the meantime however he has been issued with an ESA1 form and, if successful, would likely meet the NI contribution conditions for this as he is with the 8 week (or is that 12 week?) linking period. He was last regarded as incapable of work in mid December 2009.
As the customer currently has no income should I advise him to claim ESA anyway to get some benefit?
I am concerned that if the ESA claim fails then a successful IB appeal would only result in the customer being paid up until the day before the ESA claim failed? (Whereas if an ESA claim was not made then the IB could be paid without an end date presumably).
Any help would be much appreciated. Thanks.
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