Can I check that I have understood this correctly?

Someone is receiving bereavement allowance and sending in sick notes to get class 1 NI credits. They are not entitled to IS as their income is too high but otherwise meet criteria. Bereavement allowance ends after 52 weeks and they claim IS (still with sick notes). As I understand it the 39 week waiting period has already been fulfilled and they are entitled to help with housing costs straight away.

Am I correct in my understanding? Will they be sent MI12 straight away?

Thanks.

I'm not very well up on this particular claims procedure - 39 weeks is a long time to wait, in 'new' post-October 95 mortgage cases. But, I'm pretty sure it's essential to make an IS claim, even though it will be refused because the other benefit in payment is more than the basic applicable amount.

The test is, would the claim have produced IS entitlement due to housing costs, if the latter had been allowable immediately? If so, the 39 week period starts running and in a bereavement all'ce case IS can start at week 40, even though b.a. hasn't finished yet.

What I don't know is whether DWP will invite a new claim as week 39 approaches or whether it's up to the claimant to make the new claim on their own initiative. I would hope the former is true, but 39 weeks is a long time. I think MI12 procedure would be triggered by the new claim.

Jim

might be worth checking DMG 4 23739-23742. Unlike lone parents where it specifically says they have to made an earlier claim and had it refused, that condition is absent from the guidelines 23740 and incapacity.
DWP used to argue an earlier claim had to have been made but we won out at appeal.
I'm sure in the last year this has been clarified to confirm no earlier claim required on the Incapacity side.

Thanks, Semitone, I've learned something. Your point is confirmed in the Mesher/Wood commentary to para 14(4) & (5) of Schedule 3 to the IS Gen Regs. C(JSA) 4613/2001 is cited as authority - no prior claim necessary, except for carers & lone parents, in essence.

Jim