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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Can estranged young person in education claim IS for her partner?

nottsadvisor
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Welfare rights - Nottingham City Council

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My client is 18 years old and is about to be kicked out by her gran, who currently claims CHB and CTC forher. She studies 13.5 hours per week. Assuming she can show estrangement she could claim IS.

However she wants to move in with her boyfriend who is 23 and also in FT non-advanced eduction.  His hours appear to be around 16 or 17 - this still needs clarifyingas she wasn’t quite sure.  At present he seems to be claimaing JSA, but apparently although he told the jobcentre he was starting a course they have never asked for any details of his hours of study and just told hm to make sure he doesn’t miss appointments with them! 

Will she be able to claim IS at couple rate for both of them on the grounds of being an estranged young person in relavant education?  Or would they have to joint-claim JSA with her exempted from jobseeking as a qualifying YP- assuming he is eligible for JSA as a PT student?

nottsadvisor
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Welfare rights - Nottingham City Council

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Total Posts: 129

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Shamelessly bumping this - anyone got any ideas?

Simon
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Charlotte Keel Welfare Rights, Bristol CAB

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My understanding is if both your client and her partner are treated as FT students, your client would be able to make a claim for IS as she satisfies one of the criteria of Schedule 1B of the IS Regs. However if her partner is treated as a PT student, it would be a matter of him making a joint JSA claim.

nottsadvisor
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Welfare rights - Nottingham City Council

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Thanks for replying - turns out he is a PT student. 

Sorry if I am being dim here but what is that means he has to claim JSA rather than her cliam IS for the both of them?  I couldn’t find anything to say she couldn’t claim for a partner, it is not as if she is claiming as a lone parent.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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My understanding is that you cannot get IS if you are entitled to JSA or your partner is entitled to IR JSA (CPAG P. 26)