Terms & Conditions

[Salmond1]

The claimant has been in receipt of I.S for more than 26 weeks and therefore is entitled to the 4 run on. However, her partner has joined the household which has cancelled her entitlement to I.S.

Is she entitled to the 4 week run on as the partner is working or is this just classed as a change in circumstances?

[Anonymous]

No, I don’t think she’s entitled to extended payments. The Schedule 7 of the Regs requires that:

“entitlement to income support … had ceased by reason of the claimant or his partner-
(i) commencing employment as an employed or self employed earner; or
(ii) increasing their earnings from such employment; or
(iii) increasing the number of hours worked in such employment”

In this case none of the above apply; the reason IS has stopped is because a partner has moved in with her.

[markp]

Agree with this analysis. But have encountered cases where claimant’s state they were advised by DWP (presumably fraud officers at interview/visit?) that they’d qualify for an EP. Therefore, although what you have is a change of circs. these days, if you have drawn an adverse inference and nilled their claim they’d have good grounds for revision and /or backdating. At the very least you’d find it very difficult to disprove them.

Do I know what I'm doing? The jury's out on that........................

[Author]

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