Terms & Conditions

[traceyf]

We have a case where a couple have income of Retirement Pension, DLA Care £62.25, DLA Mobility £43.45 and Attendance Allowance. The gentleman is being cared for by his wife. She does not receive Carers Allowance due to overlapping benefit rules.

They have been awarded a Personal Allowance of £197.65, Severe Disability premium of £46.75 and a carers premium of £26.35 which I think is correct. However I have had an enquiry from Welfare Rights requesting that a double disability premium be awarded on the grounds that Mrs has an underlying entitlement to Carers Allowance and should therefore be awarded double SDP. They have been awarded a double Severe Disabilty Premium on their Pension Credits.

Welafre Rights have quoted Schedule (1)(b)(ii) and Regulations 6 (1)(2)(b) of the Housing Benefit Regualtions 2006

Any assistance would be greatly appreciated

[Stalbansbenefits]

I think Welfare Rights are correct. I’m assuming your system has awarded the SDP to the wife because she gets either Attendance Allowance or DLA Care Higher, but not to the husband because it believes someone is receiving carers allowance for looking after him.

However, the carer must be ‘in receipt’ of carers allowance and should not be treated as being in receipt if it is not paid due to overlapping benefit rules.

At a guess, have you entered carers allowance on the case at the rate of £0.00?

[Anonymous]

I think only one SDP should be awarded.

If the carers allowance was actually in payment, the customer would lose the SDP altogether, but as only he is disabled, and she cares for him, one award of SDP and one carers premium.

If partner also received a DLA or AA, then a double SDP could be awarded.

Affraid I cant remember which Regs cover this.

Pete.

[Stalbansbenefits]

I’d read it that they were both disabled, for the simple reason it is impossible for one person to receive [i:9f1006e0dc]both[/i:9f1006e0dc] Attendance Allowance and the care component of Disability Living Allowance…

[Andi M]

Based on what you have said i agree with Stalbans. If only one of them was getting the disability benefit, unless the other was treated as blind then they wouldn’t get SDP at all.

[traceyf]

Mr receives Ret Pen, Ind Inj Ben, DLA Care, & DLA Mobility
Mrs receives Ret Pen, Att All, Occ Pen & underlying entitlement to Carers Allowance

[Anonymous]

In that case, if they are the only residents I agree with StAlbans also.
Pete French’s point “if she was getting Carer’s Allowance” – but the fact is that she is not. No-one is getting CA for looking after either.
Definately double SDP. 8)

[Anonymous]

Oh, the old “underlying entitlement to CA” gag. I agree with my learned collegues above. SDP is granted under schedule 6 to the HB(SPC) regs 2006. It prescribes that, to get SDP, no should be entitled to [i:1e23543923]and in receipt of[/i:1e23543923] CA.

Couple rate it is then.

[Author]

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