Hi,

I'm wondering if anyone can help me with this.

I have got a client who made a claim for contributions-based JSA on 21st March 2009. He received contributions-based JSA until the 19th September 2009. He filled out a JSA 3 form for income-based JSA and was told that he would receive credits only and he is continuing to sign on to date. He provided details of his mortgage at the date of his application for JSA back in March 2009 and has been sent an MI12 form which is currently with the lender. Based on his partners income and contributions-based JSA his income was above his applicable amount, however once his contribution-based JSA ended in September 2009, I have calculated that he is entitled to help towards his housing costs.

I have spoke to the mortgage department of the DWP who have stated that client falls under the old rules and therefore will have to wait 39 weeks before he is entitled to any help under the excess income over requirement rules. However my first thoughts are that his waiting period should be 13 weeks and therefore he should be entitled to housing costs after his contributions-based JSA has ended. Please correct me if I am wrong.

Any help would be much appreciated.

I struggle with these myself. However, my understanding of the rules is that becuase your client received a relevant benefit (CB-JSA) then the 13 week waiting period applies.