Hi, my client is 17 and is a care leaver. She lives with her partner who gets CBJSA in his sole name. She is pregnant and baby due Oct 08. She receives Care Leavers Allowance and the LA pay for her rent.

My question is, when she is within 11 weeks of the birth, can she claim I.S as a person incapable of work? If so does the Care Leavers Allowance cease or is that paid until she is 18?

I'm seeing her later this week. The above details are all I know about her so far. I'm confused on this one.

Care leavers are prevented from qualifying for income support under the 11 weeks criteria. From the sixth week before the expected date of birth your client will be deemed incapable of work. At that stage she will be able to apply for income support as incapable of work. See page 673 CPAG benefits + tax credits 07/08.

Cheers.

Many thanks for that.