I have a client age 18, in full-time, non-advanced education. He receives EMA and works 8 hrs pw, earning minimum wage.

His mother has passed away and he is taking parental responsibility for his 17 yr old brother, also a full-time student in non-advanced education.

He has made claims for CB and CTC.

He has been advised that he is not eligible to claim IS.

Is this correct?

I am confused about whether he is not eligible because he is responsible for a child over 16 or whether his income is too high? Although I thought his claim would be assessed on an entitlement of £60.50 if it was accpeted that he had parental responsibility for his brother?

I'm sure this is quite a straight forward query if you are an IS expert!

having parental responsibility for a 17 year old would not qualify him for IS - now can only make new claim as a lone parent for IS if the child is under 12 - would have to claim JSA instead but is not available for work.
He could claim as being in non-advanced edcuation and depending on the situation with his father (assuming he is not around) claim as either orphaned or estranged and then it will be dependent on his income.

Thanks for your help.