Hi guys, hope you can help clear something up.

I have a client who's IS was stopped after she failed a PCA in June last year. While waiting for the appeal, she claimed JSA so as not to be worse off. Appeal was won in December and INCAP credits re-instated. However, JSA have told her she can no longer sign on as she is attending re-hab and is obviously unable to!

IS have told her that she needs to make a new claim because "she claimed another benefit", which is going to leave her with a gap where she won't get any money at all! Is this correct, as I was under the impression that IS would be able to re-instate the previous claim?

You are right, the decision reinstating NI credits is binding on the decision re Income Support. You need to agitate untill the file is seen by somone at IS who knows the rules. Try contacting the appeal officer at IS?

Actually, the appeal was also against the disallowance of IS. Thus the tribunal in allowing the appeal simply restores the claimant to his original position, rendering the DM's decision of no legal effect. There is no need for a fresh IS claim. A claim is a claim to entitlement but he is already entitled so there is no need to re-claim. The DWP might wish for a signed statement saying no change of circs but that is a different matter altogether. The DWP merely re-instate IS, supesede the JSA decision and offsets any amount of JSA paid.