IS PREGNANCY

A client, who is an EU national resident here for OVER 5 years & worked. She is pregnant. I have used CIS/731/2007 AND TEXIERA. At 24 weeks, was signed off from jsa because of an pregnancy related illness and informed by the JCP to apply for IS she did, IS wrote back and said she was not 11 weeks from her due date. My question is there any caselaw allowing IS before 11 weeks? If so would some kind soul guide me towards it. Thanks.

If she is signed off sick, shouldn’t she be claiming income-related ESA rather than IS (unless she is in one of the other prescribed groups for IS)? This assumes she had a right to reside of course…

If it is less then three months since she claimed IS she should get backdating, and if more, I’d be asking for and ex-gratia payment.

Jon

[Edited for grammar]

DMG 20161 was the answer to getting IS. Normally IS is available from 11 weeks before delivery, but the wonderful people at Hackney saw sense and switched it on because of DMG 20161. Knew there was a way forward.