Hi

I have a client who was found fit for work and lost her appeal at Tribunal. During the appeal they claimed appeal rate IS. I applied for a set-aside which was granted and the rescheduled appeal was upheld in my client's favour.

In the period between the set-aside and the second hearing, partner claimed JSA and then moved to ESA. IS are now refusing to pay arrears of disability premium beyond the first hearing because the claim was closed down and there were other conflicting benefits in payment.

Anyone know whether this is correct? Could JSA cover the dp for the time partner was claiming it? As there's no dp for ESA, is there any way to get the arrears back?

Any help very much appreciated

That's a toughy!

Initial thoughts....

On the assumptions that your client chose to give up IS when her partner claimed JSA and that IB-JSA was awarded, then my starting point would be that IS and the DP are due up to that date. Thereafter, the DP could only continue in JSA if it was a joint claim.

Thanks...

Its not that they chose to give up the IS - they had no entitlement after they lost the first appeal and so had to look at an alternative source of income. JSA was joint so can possibly go down that route.

However, shouldn't the affect of winning the appeal put them back in the position they would have been had the appeal not been necessary? It seems like they are losing out because of a decision which has since been overturned and that really doesn't seem fair.

I've just been informed by my client that the DWP has agreed to pay alll arrears via Income Support. Just thought I'd let people know in case they come across a similar case.....

What's happening with the partners JSA and ESA claims?

Partner's claims were withdrawn so my client could reclaim Income Support with the DP after they won the appeal (rather than ESA without the DP)