Client claimed Incap ben back in Sept 2007. He had an earnings replacement policy which he used part of to pay his mortgage for some 18 months - therefore there was no claim for I/S or housing costs made at the time.

He is still on Incap benefit and when the earnings replacement policy payments came to an end in February, he made a claim for I/S with associated housing costs. OK so far.

However, they are saying that the housing costs come under the old rules with the £100,000 limit - his argument is that as the claim for I/S is a brand new one then the higher limit should be apllicable, and now we're not 100% .....?