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Continuing to get JSA (Income based I presume) while in a 3 week inpatient detox doesn't sound right to me (worked with some probationers in the past with such dilemmas). Have found this in the DMG:
People in hospital
General
JSA(Cont) or JSA(IB) claimant admitted to hospital
24002 A JSA claimant who is admitted to hospital will not normally be able to satisfy the
conditions of being available for employment, ASE and capable of work. But there
are special provisions (see DMG Chapters 20 and 21) for treating a claimant as
available for employment, ASE and capable of work for periods of up to two weeks
sickness
1. twice in any JSP or
2. if the JSP lasts for more than a year, twice in any year.
Claimants may continue to receive JSA for these periods.
However, there is then the question of whether he counts as a hospital inpatient; the definition of hospital does include "similar institutions" but only where such institutions provide free medical treatment funded by the NHS or Defence Council. Therefore, if the detox is funded by someone like social services, he will not count as a hospital inpatient for JSA purposes and the above part of the DMG, which only covers a two week period anyway (unless the two periods can be linked together), will not apply.
Sounds like the JC+ advice might not be right and your client may have to make an ESA(IR) claim instead for the period in detox on the basis of his incapcity for work during that period and then a linked claim for JSA once he's completed the detox and is actively seeking work again. However, if the JC+ were to give you their advice in writing, I might go with it.
Does he get HB?
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