qualify for IS on the grounds of disability and is entitled to IB

Summary

client in receipt of IB credits only, application for IS made but refused as DWP state not entitled as due to change in legislation in Jan 2011 cannot get IS unless IB actually in payment.

In reference to DMG, Vol 4, para 3 - section 2.3 just states “entitled to IB”

Can anyone enlighten me? The customer has made an application on form ESA1 as was advised must claim ESA but had made an IS claim last year so my reason for pursuing this is really to pursue the backdate but surely an award of IS should be considered here. (The DWP still have this and no written decision to challenge has been issued yet).

Thank you.

The DWp are correct - no new/linked claims for IS on grounds of incapacity credits since Jan 2011.

Though, if they made a claim for IS, surely it should have been treated as a claim for ESA instead?

Thank you for reply.