I have a client who was advised to claim IB(Y) for their disabled child but as a result of the loss of CB and IS (pre 2004 claim) the family are about £50.00/week worse off. An IS claim for the young person would reduce the deficit to about £30.00. They are considering withdrawing the claim for IB and as far as I can see from CSJSA/3979/1999 they are entitled to do so. What I am less sure of is whether they would then fall foul of regs concerning 'failure to claim' or something similar - has anyone had any experience of a case like this?

Do you mean the failure to apply for income rules? If so, those can only apply to the claimant - ie to the disabled child. Can't see how those rules could be used to penalise the parent claimant for their child's "failure" to apply...

Thanks for that, I came across it just after I made the posting!!

Out of interest, could you give us a breakdown of the figures involved here? Initially it seems odd to me that they would be so much worse off.

Unfortunately i don't have the figures, i was responding to the client's request for advice about withdrawing the claim - £50.00 does indeed seem high but all the client wants to do at present is to get things back to how they were