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ESA or Income support
This may appear bleedin obvious, but bear with me!
I have a client on MRC DLA who also is still in receipt of the age old SDA incap benefit as he hasnt been migrated to ESA yet.
He was getting a top up of income support as his Severe Disability Premium was in place.
He was admitted to hospital for 18 months, so IS stopped, as did DLA.
He has been discharged and his DLA has resumed, but his only other money is his Severe Disablement Allowance, as he hasnt been migrated over to ESA yet.
We need to get him his SDP paid, but can he make a new claim for Income Support since they scrapped income support for incapacity, or does he close his SDA claim and make a new ESA claim. Even the assesment rate + SDP is more than just his SDA.
Even Jobcentre Plus arent sure. They just advise an IS claim and see if they will accept it.
I have a gut feeling we will have to go down ESA route instead.
Can Income support top up still be paid as a new claim here?
Thanks, as always.
See reg 3.
If your client is in a category of people who can claim IS, then he can claim IS. I believe that both IB and SDA are sufficient. See CPAG p.50.