IS/JSA - Estrangement

Does anyone know if there have been changes to the rules around who has to prove estrangement in order to get JSA/IS?  In the past week, myself and a colleague have both come across a case of an over 18 year old, in full time education and living in one of our hostels, being sent an estrangement form to fill in before IS can be awarded.

I phoned the office that sent out the form to my client to point out that, as far as I was aware, a claimant only has to prove estrangement if they are claiming Severe Hardship as a 16/17 year old and that from the age of 18 they are eligible for JSA/IS.  I was told that everyone claiming IS because of being in full-time education who is under 21 has to prove estrangement and that it was something to do with Child Benefit.  I tried to argue the point as I believe it is incorrect, but the worman I spoke to was absolutely adamant that she was right.

I thought it was just a one off problem but now that my colleague has come across the same situation, I’m wondering if there has been a change I’m not aware of.  Are they now saying that, until the age of 21, benefit claimants in education/training should be living with their parents!

For IS, a person in “relevant education” is not entitled to IS unless s/he falls within one of the exceptions at regulation 13 - this list includes a person who is of necessity living away from parents (or anyone acting in place of parents) because s/he is estranged from that person/those persons.

A young person can be in relevant education until their 20th birthday (so long as they satisfy certain criteria about the course when reaching 19).

Therefore, to qualify for IS, the person must show that s/he is of necessity living away from parents (or anyone acting in place of parents) because s/he is estranged from that person/those persons in order to qualify. From 20, they wont get Income Support.

I don’t think it is a case of saying that a person should be living with their parents until 21, just that this provision mirrors entitlement to child benefit and child tax credit to those who do live with parents whilst in relevant education, for those who cannot.

For JSA, I may be wrong but I don’t see you being able to get income based JSA at 18 if in relevant education - I have told young people in relevant education to claim IS. Beyond 20, I presume it is all about whether the course is full time - availability for work