nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: stop press re ... migration to ESA
Tue 30-Mar-10 04:06 PM |
Is this the DWP tying themselves in knots again? A person retains entitlement to ICB (all other things being equal) until he fails the PCA. If he subsequently wins his appeal by passing the PCA (and not merely by being treated as ICW thus staying on ICB for other reasons, i.e. under reg 27 of the IFW Regs ) then he remains entitled to ICB until he fails another PCA.
If he wins his appeal for other reasons then he still stays on ICB as long as the ground on which he won the appeal has not been superseded by a decision maker, for any of the usual reasons, change of circs, mistake as to material fact, etc.
In the meantime he fan fail WCA's until the cows come home. This does not effect ICB only ESA. The recent guidance issued, among other things, merely allows a person to get ICB and ESA at the same time as there is no statutory provision to prevent this, whereas a person cannot get ESA and IS at the same time (see the Welfare Reform Act 2007).
ICB and ESA are essentially overlapping benefits and subject to those rules determining which should be paid, with underlying entitlement to the other remaining. When entitlement to one is extinguished the other one is put into payment, without I hasten to add, a further claim being required.
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