Looking for some guidance.
I applied for incapacity benefit for a client of mine, we obtained a 12 month backdated medical certificate from the G.P. for proof of being unfit for work. No problem I thought, disability premium immediately in payment from this date. (backdated certificate being proof of unfit for work for 12 months to satisfy disability premium requirements).
My client was sent a decision letter refusing the disability premium.
I contacted the dwp, who said that under jobseekers allowance regs schedule 1 para 14(d), as my client was not the claimant for jsa, her partner was, and that as she was only entitled to credits and not incapacity benefit, no disability premium would be applied.

It then required a change of claimant and an application for income support and her partner to sign on each week for credits only.

However i have tried to find why under the above regs the intial is application would not include the disability premium, ie by her partner, and why then a simple change of claimant would allow the payment. I also feel that as is common in the cases of couples it is the male who registers as unemployed, if he therefore becomes ill, disability premium is not a problem. But it becomes a problem, when his partner becomes ill. surely there is a problem under sexual discrimination in this issue. I would be grateful if anyone who has found a simolar situation to have arisen, could tell me how they managed to get it resolved, or just some guidance on the regs quoted by the DWP. (sorry its very long is'nt it.)