unpaid maternity pay & IS (notional income)

My client has been refused IS under the notional income rules - she should be geting mat pay from her employer.

However, the employer has not paid her the last 3 months and she has had to lodge an Employment Appeal. In the meantime this lone parent with a 5 month old baby are living on child ben and child tax credit.

Is there a legal route we can use to get IS to pay up while the employment appeal is pending, even if she has to repay IS as an overpayment if she wins her appeal and gets paid mat pay?

thanks!

Many thanks for the steer on the Commissioners decsion.

He’s not refusing to pay mat pay - he agrees she is entitled and did intially start making payment. However,  he’s now saying he cannot afford to pay any more due to financial difficulties.

Before my client came to me she had already spoken with ACAS and their advice was to lodge the Employment Appeal, which will be heard next week.

I was planning on waiting to see what decision comes from that hearing before making any contact with HMRC as the client only came to see me this week.