Have a client on IB & IS who started work last summer, became ill again in December, protected under 52 week linking. He had been renting his housing association flat (and claiming housing benefit for the first half of last year), but managed to buy it whilst he was working and took possession on December 1st 05. Does he have to serve the 39 weeks qualifying period for help with his mortgage? And if he does, is it taken from the date his mortgage started or the day that he claimed IB again?

Thanks

Ali

See Income Support (Gen)Regs Schedule 3, Para 4(8) and it appears no waiting time.Just check the linking rules.

You would think so, wouldn't you, but the DWP are arguing that, although he is treated as being entitled to IB/IS for more than 39 weeks, the housing costs only start on December 1st, therefore he has to wait for 39 weeks after this date, ie, until the middle of August. Is there something about him being entitled to the same amount that he was getting for housing benefit?

Check paragraph 14 (13) Schedule 3 IS (General)Regs as this appears to indicate that to benefit from this linking rule housing costs need to have been met immediately before the day when the person ceased to be entitled to IS.

Shaun

Thanks Shaun, I think this is what the mortgage person at our local office is trying to tell me in a round a bout way. I get confused with 52 week linking and the whole definition of being treated as entitled to IS. And it's too early on a Monday morning to start thinking about it now.

Cheers

Ali