Hi, can anyone help. I have a couple with two children, the parents are 17 and 18 years old. 17 year old male is in full-time non-advanced education, 18 year old partner is full-time care of children. They have been refused JSA as neither is available for work, they have also been refused IS. I thought that he shoudl be able to claim IS for the couple as he is under 19 in FT education and estrainged from his parents, but the fact that he is part of a couple seems to be having an impact on IS decision.

If it's only down to the fact that he's 17 and she's 18 could she claim for both of them instead?

Mairi

It has to be an IS claim and it has to be the young man who claims - she is not in any of the eligible groups for IS.

He should qualify under Reg.13(2)(a) (parents in relevant education), and/or 13(2)(d)(estranged young people in relevant education), IS Regs. There is a conceivable problem with 13(2)(a) which appears to require the parent to be treated as responsible for the child under Reg.15, which in turn requires them to receive CHB. If the young woman gets CHB 13(2)(a) might not work, although they could always switch the CHB claimant.

But I cant see any reason why he can't claim IS as claimant for the couple under 13(2)(d). Then JSA once he finishes education.

Try asking the BDC for an explanation if they have made a definite decision.

Richard Atkinson