1. Client claims Income Support and is refused on basis of lack of right to reside. Client appeals.

2. Meanwhile, whilst awaiting the appeal, the client claims and is awarded JSA.

3. Client then wins the Income Support appeal in such a way that it is clear right to reside is ongoing.

How is client to reclaim Income Support without risking a further period when has no JSA and then a refusal of the Income Support again on the basis of the lack of a right to reside and another cycle through steps one to three above?

I have been looking at whether new claim for Income Support could be made in advance (with the future change of circumstances being that if client is found entitled in other respects to Income Support then she will withdraw her claim to JSA from the day before the Income Support is to start (thus not being precluded from benefit under Sec 124(1)(f) SSCBA 1992 (ie because getting JSA).

The problem with this approach is if the Income Support claim is refused then it would be refused on basis of lack of R to R AND ALSO receipt of JSA. Can't win that on appeal?

Has anyone else had any joy with sorting this out?

Martin

errr, off the top of my head....maybe by not looking at it in terms of a new claim?

The revised IS decision (the one allowing the appeal) wasn't itself revised by the awarding of JSA and therefore persists. Can she not simply request termination of the JSA claim? That would still leave an "active" IS entitlement/decision that she could pursue payment of. There may be a hiatus in payment, of course, but no obvious reason or grounds for the DWP to further revise the IS decision.

Possibly