Sorry if I'm replicating any discussion here- I've got a feeling that there are going to be lots more posts like this soon.

I have a client who is finding it impossible to claim Income Support.

He was refused Income Support on the basis of incapacity for work last week, after he failed the PCA. He is appealing the decision, and therefore, as far as I understand, is entitled to claim Income Support at the reduced rate.

However, each time he tries to claim IS on this basis, he is told to apply for ESA or JSA. I've tried to argue that he is entitled to IS on the basis that he is appealing so many times that I now doubt myself. The nearest I came to a concession is that he should 'go through the motions of claiming ESA, and it will be flagged up as an IS claim'.

Trouble is, I don't trust that it will be flagged up, and I would just like to see my clients claim for IS accepted on the basis that he is appealing a PCA decison.

Am I expecting too much? Am I completely wrong?

All 3 options are available to your client i.e can claim JSA, reduced rate IS or ESA. As ESA is paid at normal rate he would probably be better off than claiming reduced rate IS. DWP have confirmed that where such appeals are sucessful they will reinstate IS claims from the date of the PCA decision. They have issued a DMG memo 12-09

Thanks for your reply.

That's the thing, you see; he gets DLA, so will be better off with IS, albeit reduced. I know that there are three options available to my client- the trouble is the DWP staff- they think that there are only two options available- ESA or JSA. They are not allowing an IS claim.....

Put a paper IS claim in and make a complaint.