My client, who is in receipt of IS, became eligible for assistance with Housing Costs after 39 week waiting period. He had a mortgage protection policy, which covered his payments until the final payment was made on 26th February. His payments were in arrears, so the final payment was to cover the month of February.

Under IS(General)Regs 1987; Reg 31(1)(b),a payment of income which is payable in or after the first benefit week of the claim is treated as paid on the first day of the benefit week in which it is due to be paid.

The DWP therefore have treated the client's last mortgage protection payment as being paid on 21/2/07 (the first day of the benefit week). As the mortgage payments are in respect of 30 day period, the DWP have treated them as being paid up to 22/3/07, when in fact they were paid in arrears.

This means my client started to get help with part of his mortgage costs in the week of 21/3/07, and full housing costs from 28/3/07.

In summary, this means that he recieved no help towards his mortgage costs between 27/2/07 to 20/3/07. This has left him in arrears.

Was the DWP right? Any suggestions or caselaw I can use for an appeal?

I presume you have checked whether any part of the MPI payment covered things NOT payable under the housing costs scheme such as payments of capital, non-qualifying improvements etc as these would be disregarded income under para 29 of Sched 9 of the Income Support regs. Not a complete answer but it might help to reduce the problem. Otherwise the decision looks (as it always does in these attribution of income issues) right but very unfair.