Have a client who has been refused Incapacity Benefit which he had been on for a few years, he has appealed the decision and has now come to us for assistance, however my question is not about that but the back ground to the benefits he could claim while awaiting his appeal. He tried to claim Income Support at a reduced as specified in his decision letter via contacting the Jobcentre claim line and was told by them that he should claim ESA instead, so he has claimed ESA and is awaiting the outcome.

Would there be any difficulties in claiming ESA while awaiting a IB appeal, as in money terms he would for the first 13 weeks of ESA get ESA paid at a higher rate than would be the case with IS after the 20% reduction is applied, however then after he would be subject to the ESA Work Capability Assessment which is more complex than the PCA. Seconaility with IB if you claim within 6 months of a refusal to succeed someone would have to demonstrate either they have a different condition or their present condition had significantly worsened, does this not matter if you fail a PCA on IB then consequently claim ESA or are there rules covering this situation that similarly restrict a sequential award of ESA if health condition is unchanged.

Would appreciate some feed back on the beneficial affects or otherwise of claiming ESA after appealing a IB PCA refusal, which in this case JC+ seem to have instructed our client to do so.