Hello
I was hoping someone might be able to clarify a thorny problem.
We have someone recently move into one of our hostels who is claiming IS as a lone parent despite her ex-partner having the child for about three years. She says that she hasn't received Child Benefit for about 18 months.
She has severe mental health problems and was sectioned about 6 months ago so should probably have got IS as a sick peson from at least when she no longer had the child.
But, what to do now? I know there was a DMG issued about current lone parents on IS being able to still claim IS if they get sick but not sure if they that would count because she has not been a lone parent for 3 years. If she puts in a claim for ESA then she will get hit for an O/P for the IS, but could that be offset if it can be shown that she would have got IS due to her mental health problems for that period?
Many thanks.

The DWP closed the route for single parents to stay on income support due to ill health last December. The issue appears to be a late declaration of a change of circs, and your client's mental health is obviously a major factor in this - I cannot remember the rules off the top of my head but check in the CPAG book p.1111 - you can still get a late declaration up to 13 months after the change but the rules are strict. If you went down this route this could put her under the pre-December rules and potentially allow her to switch to IS on grounds of disability.

Was she still paid for the child in her IS or did she get CTC?

She just got the basic rate of IS and I believe that her ex-partner got CTC.
If I do go for a late declaration and try and switch her onto IS via the sickness route do you think they will want back-dated med. certs for the whole period? Her doctor has already said that he wouldn't be able to do that.
Thanks.

That will be a problem - they will ask for them. I don't know why some GP's seem to think they are not allowed to do them - if there is enough medical evidence in the records that she was unfit for work, you could try taliking to the GP and explain why its necessary.

Alternatively the DWP have a form for unfitness to work if you cannot provide a med.cert - other evidence can be used and the DM then has to make a decision using this (eg hospital records, consultant letters). The problem with this is that it is not certain a decision will go in your favour, whereas with med certs it is starighforward.