Hi, can anyone help- we have a client who is credits only Incap claimant. Due to low income should be entitled to IS top up but DWP say he has to claim ESA. Is this correct? We beleived he should be able to get IS as credits only INcap in place prior to ESA being introduced

Thanks!

Whats his income made up of now, what was his income when first claimed Incap - in short what is he living off and what has changed

Hiya

His wife was working and has now stopped. No deps.

Hi

Has an existing award of Incap - so claim for Inc supp should be accepted - see DMG 45214 (4) obviously depending on capital other income etc

IS should accept claim just need to explain to benefits claim line that Incap is in place - either way claim for ESA should be treated as claim for Inc Supp just send letter of explanation with claim

Col

Thank you for your help! We'll pursue the IS claim, although i think the argument that there is an existing IB claim may have already been put forward.

I'll post back an update if/when we get one.

I am not sure that getting credits on the grounds of IFW is the same as being entitled to incapacity benefit, which is the wording used in the transitional regs.