I have a client who was refused incapacity benefit on 18/7/07, he made a claim for income support at the reduced rate on 20/7/07 while waiting for the IB appeal, but was subsequently refused the IS on basis of notional capital issues which we have assisted him in appealing. The IB appeal was successful in December 07, the IS case is shortly to be heard. To add another complication the client had been incapable of work for one year on 15/8/07, so from then on would be entitled to the disability premium (DP) within his applicable amount (he had then as now no entitlement to DLA).

I cannot get my head around, with reference to legislation, as to whether if we were successfully to win his appeal in convincing the tribunal that he had not got (notional) capital, if he would be entitled to any top up payment of IS from 15/8/07 onwards or not. This is as there would not have been any entitlement to IS post the successful outcome of the IB appeal from 18/7/07 to 14/8/07, so would that have put a stop to the consideration of IS from when he could have be entitled to it due to the application of the DP from 15/8/07.

It would be much appreciated if some light could be cast upon the subject.