I was referring to a continuos claim for ESA once someone has been successfully transferred.
We are reasonably certain that if there is any break in the ESA claim, then the Transitional protection is lost. So as an example, an IB claimant is transferred to ESA(CB), after the one year limit, they fail the means test because of their assets, some time later they have reasonably reduced their assets and are able to re-claim ESA. This would be a second claim for ESA with no Transitional Protection.
From what I can see, the DWP have not considered the situation of a transferred claimant who after a year on ESA(CB) is in principle able to meet the means test for Income Related ESA.
There are multiple scenarios where this could occur, although the liklihood is that only a small number of claimants will be in this position. My personal view is that the Transitional Protection should continue, but my suspicion is that this may be something that is only decided after appeal to the Upper Tribunal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Thanks again, But i presume its all irelevant anway if your partner worked or that they would include my ill helath pension which is well in excess of the limit. regardless of assets held in savings etc. Thank you Gordon For all Your help.
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