Help!
Have a client whom helped with a Baumbast appeal in July for IS. Whilst appeal was being decided, c claimed JSA so coud have an money coming in. Appeal won.

After appeal, on advice of chair, waited a month after reasons supplied before trying to move c from JSA to IS.
IS have paid small amount they owe him for few weeks up until his JSA claim was made, but there seemed no way out of having to make a new claim for IS, as there was no current claim to supersede. Did this and sent c for interview with copy of decision notice of appeal to demonstrate that he had a right to reside.

Now had decision on "new" claim saying he not entitled as he not got the right to reside! IS saying that tribunal decision is about a previous claim (although nothing changed in c circs between 2 decisions) and therefore not relevent to the new decision.

Appealing again, and c got no money. So, again having to advise that he needs to think about applying for JSA (although trying for CL first)

Has anybody got any ideas how to break this cycle??

I had a similar case - client caimed IS, refused due to R2R and then had to claim JSA due to strain on finances. We won on appeal using Baumbast argument. I discussed the issue of ongoing entitlement to IS with the Chair and we agreed this might be a problem given the previous income support claim was for a closed period due to the new claim for JSA. The Chair's decision was that client had R2R from date of IS claim and deliberately did not mention that it was for a closed period only.

I took this up with our helpful IS supervisor, expecting all the problems that you mention, but in this case they issued an A2 review form and then reopened the earlier IS claim after client had withdrawn her claim for JSA.

I'm still baffled as to how they did this but I was hardly going to question it! So it does appear to be possible.

Thanks for that, although given the recent decision posted in the "Bambaust Again!" thread, I guess that IS have grounds for refusing the "new" claim.

Off now to tell the client he needs to claim JSA...