Clt claimed reduced IS while appealing a PCA decision, appeal at Tribunal failed, pursuing appeal to SS Commissioners, JCP refuse to accept that reduced IS can be paid while appeal is ongoing to Commissioners. Is there a Comissioner's decision which confirms this or any SS Reg?

Deborah

It's in para 24 of Sched 1B to the income support regulations which gives the right to the reduced benefit "but only for the period prior to the determination of his appeal". The commentary in the Sweet and Maxwell legislation book says:

"This means the final determination of the appeal, eg if it is taken to the Social Security Commissioner, confirmed in CIS 2654/1999"

Ought to do the trick!

And verified by their own guidance. See the link.

http://www.dwp.gov.uk/advisers/docs/cap/pdf/bul02-07.pdf

But shouldn't they claim IBJSA instead of IS, to protect NI position (should they lose appeal)? Pays more too.

Thank You Steve and Nevip, very helpful indeed. Steve, Clt has been advised can claim IBJSA while appealing instead of reduced IS, but still wants to claim IS.

Deborah