Hope you can help I am not sure what to advise the client.

She is part of a couple, the partner is unemployed and she is on unpaid maternity leave. He tried to claim JSA for himself and his family and they have said he is not entitled because his partner is classed as being in full time work even though she is on unpaid maternity leave. She tried to claim income support for the family and they have said she is not entitled because she is not a lone parent and as a couple she can only claim up to 15 weeks after the birth. I have looked up information and cannot find anything which is different from what they have been told.

I think the DWP are wrong- there should be no reason why her partner cannot claim income-based JSA. JSA regs 52(1) & 53 state she is not treated as being in full-time work whilst she is on maternity leave (even if she usually works full-time). Alternately, she IS treated as working full-time for Tax Credit purposes, so she could claim Working Tax Credit if she normally works for 30 hours per week or more (plus Child Tax Credit once the baby is born.