IS & CA stopped for couple. 

I should get my head around this!  Disabled partner had PIP refused absurdly so MR in. Unfortunately this has stopped his partners joint claim for IS as a carer. They have 3 kids and receive CB, CTC and HB.
They are getting married next month and don’t want the added hassle of claiming UC. Like ESA, could their IS be reopened if PIP is reawarded & CA? Any way around not claiming UC? No sdp as partner isn’t on PIP.
Thanks!!

How long are PIP appeals taking in your neck of the woods? If it’s more than 12 months, like here in Manchester, your clients will need to think about what they are going to live on while waiting for PIP to be restored.

Pretty much the same here in London. Have had some changed on MR and then after the appeal has been lodged.

Are there any legs on a new claim, which, if awarded, would achieve your purpose, and would confine the appeal to a limited period?

Definitely an option. But would IS be reinstated though?

Tricky, as no continuous entitlement to link to previous claim. It may be that they will have to face the inevitable transfer to UC.

What I thought sadly.

Sadly??????

Don’t they want to experience the help UC will give them to get back into work, the added responsibility of having to pay their own rent, the convenience of everything being online, the convenient monthly payments, and of course, the flawless administration and excellent customer service which are all (according to Mr Couling, and I expect he has thank-you cards to prove it) characteristic of UC?

I am taking it that the couples claim includes, ignoring the children, the carers premium and the disability premium for a couple, on the basis of PIP being the qualifying benefit. On the basis of your assessment of the disabled partner would they qualify for LCWRA, because if they did then presuming the appeal is won and they get back Carers element then they would be better off on UC.

of course if only LCW then they would be much worse off.

You are correct, couple with children with a carers premium in the income support.  They would qualify for LCWRA but this still means a claim for UC.  Was hoping for a miraculous way of getting around claiming UC!

Assuming the IS claimant, i.e. the carer is still within the 8 week run on period, and the issue is delaying the need to claim UC, and assuming income Max is not the concern at this time, then you could try taking advantage of Schedule 1b, paras 4(iii) and 5. There are three children I believe.

IS Regs??

I have had a family in a similar situation although it all began before UC was Full Service in our area so the husband /carer claimed JSA while awaiting the appeal.

In any case, once we won the appeal the husband managed to get his carer’s allowance and IS reinstated. I think we did a new claim for CA and then asked for an any time revision of the income support decision.

So there is hope…

My apologies, yes Income Support Regulations.

I would add that in Live Service UC areas those appealing decisions would have been “protected” by the gateway and been unable to claim UC, assuming it was working properly.

At the end of the 8 week run on period unless something is done this couple will lose their IS, housing benefit will at the very least be suspended, more likely stopped, and needing to be convinced of a nil income entitlement when they are told IS has stopped.

My suggested temp fix, has a very high “stink” quotient as you will see as it depends on the claimant, i.e. the carer, finding a DLA claimant to care for (or PIP or AA) at least until the DLA decision is made.

This couple really need to claim UC, sorry. Please someone tell me why I must be wrong

Thank you.  They are still receiving HB based on nil income. One of their children has a disability so have requested a DLA claim but nothing in the short term.