nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Income Support - required to change to ESA?
Mon 26-Apr-10 12:41 PM |
The categories “incapable of work”, “disabled students”, etc, were indeed revoked. However, that revocation in para 1 of the amendment regs is subject to para 2 of those regs. Para 2, states that the prescribed categories of people revoked by para1 continue to have effect for those protected by the ESA transitional regs.
What happened was that The Welfare Reform Act 2007 introduced the term “existing award” and defined that term to include an award of Income Support on the ground of being incapable of work, disabled students, etc. Those entitled to an existing award were precluded from claiming ESA under the ESA transitional regs.
The ESA transitional regs then made provision for a new claim for Income Support on the ground of being incapable of work to be classed as a “claim on the ground of disability” and thus treated as a claim for ESA, unless one of the exemptions in para 2 applied.
The guidance in the DMG memo is clear. The entitlement to IS arising out of being incapable of work” (whenever the period of incapacity for work began) as a new ground being satisfied when another ceases is not “a claim on the ground of disability” but “an existing award” thus not allowing an entitlement to ESA.
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