Hi guys, i have a client, married, just lost job. His wife is in receipt of SDA and we re to claim DLA for her. He hopes to care for her if MRC given, if not will jobsearch. Prior to me seeing them he had been told by someone to claim benefit, he rang claimsline and told of circs and a claim was lodged for I.S in his name. During my visit i told him he had no entitlement and amended the printed claim to ask for it to be treated as a claim for JSA as he was misguided by claims line.

Jobcentre has rung them to say they won't accept this, either he reclaims JSA or wife claims I.S to include him. Have i read somewhere that if an incorrect claim has been made that it can be treated as a claim for... instead or was that just wishful thinking?

Actually, the client could go ahead with the initial IS claim. He is entitled to IS as a carer for up to 26 weeks from the date of his wife's DLA claim or until the claim is decided. I'd suggest you initiate the DLA claim quickly, if you haven't already, and ask Jobcentre to disregard your amendments to the original claim form.

Alternatively his wife can claim for him. This would be preferable for now so they get the dp straight away.

Just to add, and sorry if I'm telling my grandmother how to suck eggs but for them to be paid the dp (without DLA being awarded) it has to be the claimant who satisfies the incapacity conditions.

Hi, thanks for all the replies, i'd already arranged DLA claim but i really don't think it'll be granted at MRC so wife is going to claim I.S instead, hopefully she's done so by now as i spoke to them yesterday. I spent some time looking at the Claims and Payments Regs and think it may have been wishful thinking to have claim accepted as another, some benefits can be done in this way, unfortunately it appears I.S/JSA does not come under regs. Never mind, worth checking out for next time.

Thanks again.