Moving from N Ireland to GB

I’ve been looking at this thread https://www.rightsnet.org.uk/forums/viewthread/14385/#69852

I have a query concerning a client from N Ireland who was placed in hospital in England. His ESA has been paid throughout from N Ireland. He wants to stay in England and the plan is for him to move to independent supported living. He has never claimed PIP but will be advised to claim it immediately.

My query is - does in the information in that thread apply to income related ESA or contribution based only? He seems to have been told he must close his N Ireland claim and make a new claim here. No SDP because no PIP as yet. He may need to claim HB for the ISL (haven’t checked yet) but that is likely to happen before any PIP decision.

Will he need to claim UC?

The memorandum refers to Part 1 of the Welfare Reform Act 2007 and its NI equivalent.  Both contribution based and income related ESA are awarded under part 1, so yes it is covered.

I think the situation you describe is covered by paras 2 and 3 of the Schedule: the original awarding decision to pay him ESA in NI is treated as if it was made in GB by virtue of para 2, and that decision can be superseded to include an SDP in GB in due course by virtue of para 3.

it may be that administratively the case has to be closed on the NI system and a new one set up on the GB system, but as a matter if law it is a continuation of the same award.  DWP is notorious for placing systems above the law

Thank you - that is really helpful. Now to try to get it to work in practice..