Could you advise me if our interpretation of the following regulation for HB/CTB purposes is correct?
[quote:6fb5d6101e]Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Schedule 3, part 3, 9 (4)
For the purpose of this paragraph, a person shall be treated as being entitled to and in receipt of Carer’s allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award. [/quote:6fb5d6101e]
A couple who are both in receipt of Attendance Allowance, live alone and no-one receives carer’s allowance for either of them but each have an underlying entitlement to carer’s allowance for caring for each other, would be entitled to a double award of the carer premium ( currently 2 x £26.35) but would not be entitled to a couple award of the severe disability premium ( currently £93.50) because we would treat them as being in receipt of carer’s allowance?
The Pension Service are of the opinion that because the couple don’t actually receive any extra income from their underlying entitlement to carer’s allowance they should be allowed both the severe disability premium for a couple and the double award of the carer premium in their claim for HB/CTB.
Can this be correct? How can someone who is themselves in receipt of Attendance allowance because they require a high degree of care, be considered able to care for another person in the same situation for at least 35 hours per week?
The following extracts are taken from http://www.direct.gov.uk and do appear to confirm that The Pension Service is correctly allowing the addition for severe disability & a double award of the carer premium when calculating entitlement to Pension Credit.
The benefits of the person you care for
If you claim Carer’s Allowance, it could affect the amount of benefit the person you care for receives. The person you care for could lose the severe disability premium in their income-related benefit or the addition for severe disability in their Pension Credit. However, if you only have an underlying entitlement to Carer’s Allowance and are not actually paid it, this will not affect the benefits of the person you care for.
Informing the person you care for that you are making a claim
Because your claim for Carer’s Allowance may affect the benefits of the person you are caring for, they will be asked to confirm in writing that they know you are claiming Carer’s Allowance and that you are caring for them for at least 35 hours a week.
Who can get Carer’s Allowance
You need to be caring for somebody who is getting one of the following benefits:Attendance Allowance………
Carer’s Allowance can be claimed by more than one person in a household, such as a couple caring for each other.
I would be very grateful for any advice on this subject. Thank you
(also posted on main PC board)
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