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Top Income Support & Jobseeker's Allowance topic #7698

Subject: "Young person- Income Support" First topic | Last topic
linusm
                              

welfare rights worker, Westcountry Housing Association
Member since
07th Jul 2004

Young person- Income Support
Tue 02-Feb-10 11:45 AM

Hi All
Young woman. 17yrs. Pregnant - Her baby is due 24/2 (- so well within 11weeks of EWC). She was in relevant education until Sept'09. She was living in the family home until Nov'09. She moved out because of overcrowding, but is not estranged from her parents. She is now living independantly, and recently made a claim for IS. Claim rejected on grounds that she is not estranged.
Is this correct?
I read the rules as suggesting that the estrangement rule only applies if young person is in education or training, - and that being within 11weeks of EWC and not in education or training will qualify a young person for IS?
Comments please

  

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Replies to this topic
RE: Young person- Income Support, rspence, 02nd Feb 2010, #1
RE: Young person- Income Support, nevip, 02nd Feb 2010, #2
RE: Young person- Income Support, nevip, 02nd Feb 2010, #3
RE: Young person- Income Support, linusm, 02nd Feb 2010, #4

rspence
                              

Benefits Adviser, Essex County Council
Member since
29th Jan 2010

RE: Young person- Income Support
Tue 02-Feb-10 02:03 PM

I agree - she is entitled to IS because, although under 18, she fits one of the IS categories.

INCOME SUPPORT (GENERAL) REGULATIONS SI 1987/1967
Sch. 1B para 14(b) at www.dwp.gov.uk/docs/a6-2501.pdf says the IS categories include -
Pregnancy
14. A woman who–
(a) is incapable of work by reason of pregnancy; or
(b) is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending ... fifteen weeks after the date on which her pregnancy ends ...

Robbie

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Young person- Income Support
Tue 02-Feb-10 02:13 PM

So do I. As long as she is not in relevant education or a full time student then she should be entitled to IS (all other conditions being satisfied) under paragraph 14(b) of schedule 1B of the IS General Regs. Estrangement doesn’t come into it.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Young person- Income Support
Tue 02-Feb-10 02:17 PM

However, has she actually abandoned her course or merely taken time out from it? If the former, then there shouldn't be a problem. If the latter then the decision might be correct.

  

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linusm
                              

welfare rights worker, Westcountry Housing Association
Member since
07th Jul 2004

RE: Young person- Income Support
Tue 02-Feb-10 02:41 PM

Thanks for that. Good to have own thoughts backed up. Linus

  

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Top Income Support & Jobseeker's Allowance topic #7698First topic | Last topic