Discussion archive

Top Income Support & Jobseeker's Allowance topic #7269

Subject: "Any entitlement while IS under appeal" First topic | Last topic
Carole L
                              

BA:BH Caseworker, CAB Pembroke Dock West Wales
Member since
18th Mar 2006

Any entitlement while IS under appeal
Mon 27-Jul-09 04:57 PM

Could anyone answer this query for me please.
16 yr old in relevant education appealing IS dec not to award benefit as it appears he did not supply the proof that lives apart from his parents and is estranged from them.
Is any IS or other benefit payable while this dec is under appeal?

Carole

  

Top      

Replies to this topic
RE: Any entitlement while IS under appeal, BrianSmith, 28th Jul 2009, #1
RE: Any entitlement while IS under appeal, Carole L, 28th Jul 2009, #2
      RE: Any entitlement while IS under appeal, dcarlin, 30th Jul 2009, #3
           RE: Any entitlement while IS under appeal, Carole L, 30th Jul 2009, #4

BrianSmith
                              

Welfare rights officer, northumberland nhs care trust
Member since
06th Oct 2004

RE: Any entitlement while IS under appeal
Tue 28-Jul-09 10:46 AM

Not payable to him unless there is another basis. There is often confusion and misunderstanding about proving estrangement or risk from parents. DWP guidance can be found at para 193 of their document http://www.dwp.gov.uk/docs/jsa-16-17-severe-hardship.pdf. The context is different but the guidance should be relevant to your situation as well.

  

Top      

Carole L
                              

BA:BH Caseworker, CAB Pembroke Dock West Wales
Member since
18th Mar 2006

RE: Any entitlement while IS under appeal
Tue 28-Jul-09 07:04 PM

Thank you Brian. Link very useful.
Carole

  

Top      

dcarlin
                              

Paralegal, Housing Team, Hopkin Murray Beskine Solicitors, London
Member since
06th Dec 2005

RE: Any entitlement while IS under appeal
Thu 30-Jul-09 03:23 PM

Have you considered that this child should be looked after by social services under s.20 Children Act 1989. In any event, even if he does not need to be looked after, social services should assist, including financially, under s.17 Children Act until benefits are in payment. I refer to recent House of Lords decision in G v Southwark.

  

Top      

Carole L
                              

BA:BH Caseworker, CAB Pembroke Dock West Wales
Member since
18th Mar 2006

RE: Any entitlement while IS under appeal
Thu 30-Jul-09 07:36 PM

Apparently the matter has now been resolved.
Young lad went to the Job Centre armed with info we gave him and they have put IS in payment.
Dont really undertstand on what basis but he is happy and rang to say he would not need to return to office.
All's well that ends well.]
Carole.

  

Top      

Top Income Support & Jobseeker's Allowance topic #7269First topic | Last topic