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Start date of IS award
Client moved in with his partner who is on ESA, claims carers allowance and IS and the same day she contacts ESA to say that he has moved in and he will be claiming IS for them both. He is awarded ESA and 3 months later after a lot of phone calls from the client ESA end the award and IS starts from immediately after. Is there a case for arguing that the IS award can start from the date of claim?
Are you asking if they can get both IS and ESA at the same time? I can’t really see what difference it would make, except perhaps a couple disability premium which is higher than ESA work/support component…
I’ve just reread my post and can see how little sense it makes - have to check it properly in future. The delay in ending her ESA and awarding him IS meant they lost the difference between the disability premium and WRAC for a few months. He was never on ESA. I know they can’t get ESA and IS at the same time so was looking to see if it could be argued that the ESA should have been ended earlier so that IS could be awarded from an earlier date. The delay was caused because of breakdown in communication between IS and ESA.