Housing costs

Hi

I have a client who made a new claim for Income Support as a carer and her partner is in receipt of SSP. Her partner is unlikely to be able to return to work and a claim for CTC was made (previously FTQ). However, HMRC incorrectly advised she must also claim WTC and this has stopped Income Support.

My client has been advised by the DWP that her 13 week waiting period for Housing Costs will restart once a new claim for Income Support is made when WTC/SSP end.

However, the CPAG handbook (bottom of page 457/458) states a claimant can still be treated as entitled to Income Support when their income is too high and you are entitled to SSP during the relevant period.

Does this refer to only new claims that FTQ or does it also include claims with a break in entitlement?

Thanks

Allan

I am assuming the IS award with housing costs would be more than their current income.

I don’t deal with HC’s any more, but from memory, I think there’s a rule that says if the only reason you can’t get IS is because your income’s too high, and you would qualify if HC’s were awarded, the 13 week waiting period starts from the date of claim.

Your client’s claim appears to have been refused due to income being too high, no? After all, WTC doesn’t itself disqualify someone from getting IS, it just boosts income, which means there is no longer entitlement.

Try looking at the regs - they should clarify the circumstances of when this rule can be invoked.