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Apology for the grammar, it’s an acquaintance of mine but were not really friends.
Here's the scenario.
Client in receipt of Incapacity Benefit Credits (IB) and Income Support (IS) he fails the PCA and appeals. Whilst the appeals are outstanding he claims Jobseekers Allowance Income Based (JSA).
In the fullness of time, six months - not to bad these days, his appeals are heard and he is successful. Two separate decisions are issued the IB one awarding more points and reinstating the award from 15.06.07 and the IS decision confirming that he should be treated as a person incapable of work from the same date.
The client signs off JSA thinking that he'll get his money straight away but of course this does not happen. He lives on Crisis Loans for three weeks and then comes to me.
I make enquires only to find that whilst the IB decision has been processed quickly and without quibble the IS section are refusing to do anything on the grounds that he was in receipt of JSA throughout the appeal.
Apparently, they say, because his IS and JSA payments were the same they are refusing to reinstate the IS on the grounds that his income exceeded and are demanding a new claim with a new start date. He wasn’t entitled to any premiums.
Now I think that’s crud, not a proper piece of legalese I know, am I right?
If he had been off the books entirely I could see how an A2 review form would be appropriate but not when someone’s been getting JSA and definitely not a new claim.
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