Are advance JSA claims really possible?

Client has failed an IB > ESA conversion, and been notified that entitlement to IB will run out in 3 weeks. So, looking at getting a JSA claim going, CPAG p59 cites the (Claims and Payments) reg 13, and says that advance claims are possible up to 3 months ahead. However, it warns “You might have to persuade the DWP that it can accept a claim in advance”. This has proved difficult, in that DWP say their system simply does not allow advance JSA claims. The only thing they can suggest is asking local JCP to send out a paper claim form, which seems likely to be futile.

Reg 13 only says that the SoS “may” make an advance award, rather than “must”. The ADM at A2095, citing (C&P) reg 34(not sure if this is an error?), cautiously says that an advance award “may be possible”. In practice, is there any way to push this?

If DWP has the power to make an advance claim, why not exercise it? The law clearly empowers the DM to accept a claim from a date later than the date the call is made/form is sent.

This case seems especially clear - your client is possibly more vulnerable to changes in income than a fully fit and able person. I am assuming there is some kind of underlying health condition that affects his/her ability to work.

I’d quote the regulations and the relevant chapter in the DMG to “persuade DWP that it can accept a claim in advance”.

Are you also challenging the ESA decision?

I suspect that the DWP computer system is incapable of starting a JSA claim while it is already holding a live claim for a different benefit. And so, whilst I’m not sure, I suspect that any quotation of the regs, or a complaint, will not achieve anything for my client. If “the computer says no” then I don’t see any way of getting the claim processed any quicker.

I would be interested if anyone actually has seen a JSA advance claim in practice. E.g., how do lone parents go on, when having to move from IS to JSA when the youngest child reaches the requisite age? Perhaps advance claims when there is no current other claim are more feasible, e.g. when an employment contract is coming to an end.

your client is possibly more vulnerable to changes in income than a fully fit and able person

I would suggest that my client is indeed vulnerable by any reasonable standard - though his High Rate Care DLA will at least give him something to live on whilst his new benefit claim is being processed and he sorts out his jobseekers agreement.