I have a problem I have never encountered before. A client failed her PCA and claimed JSA whilst appealing. We won the appeal and I was foolish enough to think it would be a simple matter of getting the JSA claim closed, IS re-opened from the date it had been closed and all arrears paid. As I understood it, the tribunal had revised the original decision and so that was that.

However, the DWP are saying otherwise. The tell me that she has to make a completely new claim for IS which to me just doesn't seem right. Surely if it was a new claim it would throw up problems with getting the money backdated to when the old one was closed and also linking periods could be problematic.

Finally, I have already written to the DWP about this and in their reply they state that "when a customer claims JSA they must declare that they are actively seeking employment." Is this actually the case when someone is on JSA while appealing a PCA decision?

Any comments will be much appreciated because I don't want to go in all guns blazing only to find I have got the wrong end of the stick!

Have a look at the following. I still stand by my post as my view of the matter.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=5495&mode=full

If they're stuck in the mud about it all guns blazing is wholly appropriate.

Might be worth explaining that "actively seeking..." is not "remunerative work" which would disqualify.

Are there appeal rights on their reply? If not might be worth asking TS direct whether they'd accept an appeal as it's not an excluded decision not to re-instate the award, it's effectively a refusal to revise the old claim.

The continued incompetence of JC+ etc makes my blood boil!!! why do they make such stupid mistakes - it's hardly rocket science is it???!!!!!!!

Thanks for your comments on this.
I think I have finally got some sense out of them. Despite the DWP replying to my complaint by telling me that she would still have to make a new claim, when I rang them yesterday they told me they had changed their mind. I spoke to someone who seemed pretty sensible and he acknowledged that they could re-open the old claim. He asked for an A2 review form which I had already done and sent in so hopefully that's that.
It's a relief because my client has signed off and if we got nowhere soon I was worried that I would have to relent and make a new claim so she could get some money even though I felt they were in the wrong.

come into this a little late, but I've been on leave. I couldn't resist this though:

Bensup wrote: The continued incompetence of JC+ etc makes my blood boil!!! why do they make such stupid mistakes - it's hardly rocket science is it???!!!!!!!


Actually, it's harder than rocket science! Without a word of a lie, I have a client around retirement age who is a rocket scientist. She is also qualifed in numerous others career paths and has several degrees!! In other words, she is a very intelligent person.

Within several months of her benefit claims, she was taking anti-depressants and had a heart attack which her GP put down to recent stress, and I've spent double the time for the standard LSC case fee trying to get it all fixed. How sad is that...??

In all seriousness though, it shouldn't be rocket science but the incompetence to which bensup refers, and various other factors, make it so (which means that tax credits must be quantum mechanics then?).

There are people who will tell you that rocket science, at least in principle, is exceptionally simple, and squid can do it without even GCSEs! It's just a question of pushing hard enough.

Now I have yet to meet a squid who understood the overlapping benefit rules - nor most solicitors, either.

Tony

Mechanics have never bothered me but Physics scare me to death so in future i'll refer to it as Quantum Physics!!!

Nicky