Terms & Conditions

[rds01]

We have a disabled lad renting a property. He qualifies for SDP but occassionally he goes to stay with his mum who claims and gets Carers Allowance. When this occurs regs state our claimant is not entitled to SDP and therefore only the shared rate. There are no agreed dates in advance of when he will stay with his mum so how do we assess entitlement to SDP? Thanks in advance.

[Kevin D]

It isn’t clear from your post who the mother’s Carer’s Allowance is for. If the Carer’s Allowance is for her son, then the SDP isn’t payable at all – it doesn’t matter where the mother lives.

[Anonymous]

You nea n his mother only claims carers allowance each time he goes to stay with her and doesn’t claim it the rest of the time?

In that case, I cannot think of anything more helpful than the obvious – it’s up to him to keep you informed.

In a sensible world, you would be allowed to look at the mother’s file on CIS every now and then to check her CA dates. I am not suggesting for one moment that you should defy official guidance and do that. 😉

[rds01]

Yes Peter, the mother only claims it when he stays with her. We cannot rely on him due to his mental impairment. Even if we did randomly check CIS and realise there is no entitlement to SDP for a past period is this a recoverable overpayment? I suugest not. Is it best to leave SDP on and 1 Bedroom rate and do nothing?

[Anonymous]

It will be a recoverable overpayment if it isn’t your fault (whether you choose to pursue the o/p is another matter).

Does he act for himself as an HB claimant or does his mother claim as an appointee etc? If she does, that arguably puts her under a duty to disclose changes of circumstance as well (although even if she is not under such a duty, it still doesn’t make it the Council’s fault that the claimant cannot be relied on).

One advantage if the mother is acting for him is that you can freely discuss his claim with her, which means that you could remind her of the importance of reporting this particular change of circumstance each time it happens until the claimant is 25.

[Anonymous]

Is the difference between the shared room rate and the one-bed rate more or less than the amount of carer’s allowance? It might be worthwhile suggesting to the mother that its not worth applying for CA when he stays with her (if the mother is an apointee she may be a recovery target for the overpayments). Classic case of giving with one hand…

How long does the son stay with the mother each time?

[Kevin D]

[quote:b03046bae1=”rds01″]Is it best to leave SDP on and 1 Bedroom rate and do nothing?[/quote:b03046bae1]

If CA is paid, the SDP [u:b03046bae1]must[/u:b03046bae1] be removed – there is no discretion.

Regarding the overpayment, I agree with Peter. If there is no error on the part of the LA causing the o/p, it is recoverable irrespective of the claimant’s health issues.

[Anonymous]

Devil’s advocate: In the case of someone qualifying for an SPD, it may be an official error to fail to inform the claimant specifically that they need to notify the LA if anyone starts getting carer’s allowance for them. This would probably not be covered by “you need to tell us about any changes in your circumstances that may effect your entitlement”…

[rds01]

I have already advised the Assessor to write to the claimant and support worker snd to give a copy of the letter to his mother. Thanks all for your help.

[Author]

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