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linking IS claim in Dec 2010
Hi
This is similar to a thread from 3 Feb as it involves a continuing claim for incap credits.
My client was on IS / Incap Credits from 2007 until December 2010. He went to Pakistan for over 4 weeks so his IS stopped after the 4 weeks abroad, on 6 12. According to the Incap Section, his claim for Incap Credits never stopped and is still live now.
Client reclaimed 13 Dec 2010, but was told he had to claim ESA. This was confirmed in writing later, in a letter by an Income Support Administrative Assistant, who said ‘the claim cannot be linked you have to claim ESA’.
I looked at reg 2 (2) (c) of the TP regs and I think that the ESA claim from 13 12 should have been treated as a claim for IS as the 2 IS claims can be linked, but I wonder whether the fact that the incap Credits were continuing during the short gap makes a difference.
Do you think that in order to benefit of this provision there would have to be a gap in the incap credits, i.e. previous IS claim ended because claimant no longer qualified under grounds of disability?
[(ii)the claimant ceased to be entitled to income support on the grounds of disability not more than 8 weeks before the commencement of the period in respect of which the current claim is made..]
([Client had claimed ESA, the ESA form was messed up, he ticked he wanted to claim ESA CB only and did not provide any details of previous IS Incap credits claim, so that was refused in January but this is another story)
Tony, was it that post: http://www.rightsnet.org.uk/forums/viewthread/991/
I looked at that,too, but it seemed slightly different as there was no issue of linking to the old IS claim as far as I remember
I can confirm the JC+ claims phone line knownothing about the transitionalprovisions.
We regularly employ people on future jobs fund who are on IS/IB before they staert here, they finish their period of 6 months employment and try to reclaim. They are always told they cannot claim IS/IB, but have to claim ESA. We always have to intervene and make a clerical claim for them.