I hope someone can help. Its late on a Friday and Incapacity Benefit isn't my strong point so I'm having trouble figuring this one out...

22yr old man. Regestered blind and receives Higher rate DLA care and mobility indefinitely (start date 06.06.04). He has no other income and has never worked. He studies full time, on a course for students with learning difficulties. There is no qualification at the end and no student loan etc. March '08 he makes a claim for IB and IS. I call up to check the progress of the claim and am told that there is a live claim, made in November 2005, but for some reason this claim has never been paid and no one is sure why. when asked he remembers speaking the JCP at the time to find out he was entitled to anything else but was given the impression that he wasn't and left it at that.

I have now spent too long thinking about this and can't figure out if he is entitled to IB at all - did he claim too late (Nov 05) to be eligible for IB in Youth? Should he have got IS instead?

Whatever the answers to the above, is there any way I can get backpay for him for 05 to 08 (either IB or IS) given that he did in fact claim at the time?

Any help much appreciated since I have got myslef in a twist thinking about IB in youth...

I should also probably add that he was born in June '85 so was 20 yrs and 5 months when the original claim was made and he started college in Sept '06 aged 21

If there is a "live" claim, that may mean there ahs never been a decision made on it - in which case they could just make a decision and that would do away with the "backdating" problem. Have you had anything in writing about the old claim?

nothing in writing as far as I know. The claimant wasn't even really aware that he had got as far as making a claim in 05, just thought he had sought advice from JCP.

If they admit a claim was made and is live, there must have been a decision already, surely?

If there has been a decision that was never communicated, seems to me your client's dispute period hasn't begun.

I wouldn't see it as a backdating issue. I think perhaps I'd just invite the DWP to communicate their decision and make any payments they think they owe and await developments. Then complain if nothing happens.

Sue