Income Support and Care Leavers

HI all

i’m really struggling with this one- i work with 16+ Care Leavers and have a young person who is now 33 weeks pregnant. It seems to me like she should be entitled to claim IS at 34 weeks pregnant but DWP have refused this although i am still waiting for the legislation used in their decision….....

Any suggestions where i go from here?

thanks

Natalie

Natalie, why do you think she should qualify now?  On the assumption that she is under 18, my understanding is that she can only claim as a care leaver once she is a lone parent, i.e. she has had the baby.  This is an exemption under the Children (Leaving Care) Social Security Benefit Regs to the normal rule preventing care leavers claiming IS.  There isn’t an exemption for pregnancy.

Tony

I’m thinking under IB regs related to any pregnant person being incapable of work from the 6th week before expected date of confinement?

its even more confusing because up until June the local DWP office had been paying IS in this situation at 29 weeks EDC…..

She can qualify for ESA if within 6 weeks of expected date and for 14 days after the birth - i.e she is treated as having limited capability for work under Reg 20 ESA regs.  Has she claimed the wrong benefit?

I sometimes come across care leavers getting IS as pregnant, i.e. within 11 weeks of expected date.  However, that is where the Jobcentre is not aware that they are care leavers.  The IS form doesn’t specifically ask so it can happen inadvertently but they are not actually entitled to IS until they have the baby.

Tony

maybe, think its been complicated by the fact the DWP up here dont seem to follow the legislation consistently…..

  thanks for your help Tony