Client claims CB JSA but clearly ticks 'no' to IB JSA on claim form, although he partially fills in the IB JSA parts of the claim form. Then somehow gets a MI12 form and submits it. Subsequent complication as he claims PC (he is 60-65) but my question is, should the MI12 be accepted as a claim for IBJSA as it is ineffective without an IB JSA claim?

Any help much appreciated.

you would think that the two JSAs could be treated in the alternative as a claim for the other one, what with them both having the same name and sharing the same form, but they aren't in the schedule.

even so, MI12 is a claim for housing costs, which as you say, can only be paid with JSA (IB). it's only reasonable to expect the sec of state to do something with it other than file it away and ignore it, which wouldn't be a reasonable thing to do at all. imo he should have treated it as an application for a review or supersession. if by any chance, your client sent it within a month of claiming, or put anything on his claim form suggesting he had housing costs, even if he ticked the JSA(CB) box, the sec of state should have invited him to correct his defects, or something like that. wasn't he invited to correct his defects? didn't he have an interview with anyone checking that he'd filled his form in correctly?

i have a theory it could all be very different if only they would let the LSC audit the DWP.

Thanks jj - since posting this the penny has dropped that with PC he can backdate up to a year and, given that he'd waited 6 weeks from being made redundant before signing on for no reg 19(5) good reason, then not claiming IB JSA was actually a masterstroke of forward planning on his behalf.

However I left the post up because I can see something similar happening to an under 60 year old and the whole thing only coming out when the CB JSA finished after 6 months. (My client had spoken to someone in the signing on queue about housing costs and I'm not sure how he got an MI12 form but he did)

In which case under CIS/540 whatever and that new HB one of Paul Stagg's surely as you say a request to correct a defect should be sent out and then if no reply a decision issued turning IB JSA down, with appeal rights.