At the risk of sounding stupid I recently helped a client to claim Income Support over the phone. The client has been in receipt of IB and DLA MRC for many years and stays alone, therefore thought that IS/SDP would be payable.

However called client about one month later as part of our follow up procedures and was advised that no word had been received.

Called JCP on clients behalf to ask about progress of claim and was advised that there was no claim logged for IS despite claim being made.

Was further advised that any new claim made since October '09 would have been for ESA and not IS to top up IB. But no claim for ESA was logged on JCP system either.

I am of the opinion that Income Support would be the benefit that should be claimed as ESA and IB would overlap.

Is it the case that Income Based ESA can top up Incapacity Benefit?

You are correct, your client can't claim ESA and IB at the same time

You were wrongly advised by JCP. They can still claim a top up of Income Support.

Hope that this message goes to the correct place. Thanks for your help and swift reply. I have been advising on welfare benefits for 10 years and when I had called JCP on behalf of my client I was asked if I was an experienced adviser and if I knew my job. I felt a bit insulted, but thanks for re-affirming my knowledge as I was doubting my advice. Cheers.

Had sme problem in Feb so down loaded a paper claim form and sent in a manual claim and it was processed quite quickly.Also worth it this way as you can ensure a detailed backdate is requested.

Cheers for that tip, I'll use it. I take it that there was never any come back of why your clients application was submitted via a down loaded form, rather than making an application through there busy call centre? You know how pedantic the DWP can be for the way things should be done etc