Desperately looking through CPAG, but cant find the answer..

If client is on short term ICB and she is full time carer of father, who is on Higher rate AA... is she eligible to claim Carers Allowance...?

If so, would this have a negative impact on her HB..?

Thanks.. x

Wed 30-Jan-08 02:41 PM by plumduff

I have a feeling the answer is no, as you cant input both benefits when doing a Lisson Grove quick bencal...

Both Incapacity Benefit (IB) and Carers Allowance (CA) belong to the family of benefits known as earnings replacement benefits, you can only receive one of them, namely the benefit that pays the most dosh.

In your clients Scenario it will be IB because both short term IB lower and higher rates pay more than CA, but your client can still claim CA only to be turned down, but have a underlying entitlement which would increase his HB applicable amount. CA decision letter will have a paragraph mentioning underlying entitlement. As he is on short term rate of IB, underlying entitlement may mean he's eligible for a top up of Income Support too.

Sorry i don't where he came from, as she's a she.

Actually for completeness, usually you can only receive one of them.

But in your clients scenario it will be IB and an underlying entitlement to CA.

Claim the CA, get refused payment on overlapping benefit rules; get the Carer Premium added to any IS/HB?CTB applicable amount of the carer and, or course, carer's underlying entitlement to CA won't interfere with any SDP for DLA/AA recipient. Thank you.

Can anyone clarify this then.. Done a bencal.. short term low rate ICB £61.35 per week, one child aged 10.. so £45.78 CTC... and £18.10 CB...

Weekly rent due is £64.35

Dad lives with her.. He is on Higher rate AA, retirement pension £91 pw, and £30.30 SPC...

Q1.I think this means he is not classed as non dep.. Can you confirm..? Due to the SPC..? S

Q2. Social Worker is looking at claiming the SDP for him, if she does this, will it end my clients underlying entitlement to Carers Allowance..?

On Lisson Grove Quick Calc.. (hopefully someone knows this system)this shows no entitlement to IS.. unless I click the Carer premium button, which I am assuming I should do due to underlying entitlement to Carers Allowance..

Q3. Is this correct..?

If no carers premium, then (most) HB is due, but if I click the carers premium, then full HB and also Income Support..

Q4. Arghhh....! I think im looking at this right.. but need soem confirmation... Is my thinking right..?

PLEASE please please help... x x x x

Sorry paddy, you actually answered my Q about the Carers Premium... Head going round in circles..

So according to what you say, and what I thought, she is entitled to Income Support...?!?

To clarify -

1. Father is a non dependent who
2. Lives with a close relative - therefore cannot claim SDP
3. Daughter must make a claim Carer's allowance, which will not be paid due to overlapping benefit rule, but will entitle her to
4. Carers Premium, which enable her to claim
5. Income Support which will bring her into full
6. HB/CTB entitlement.

I would personally make claims for all the benefits mentioned, asking for max backdating on all of them: OK, it's not a lot, but together it probably adds up to a reasonable sum...and must be worth a brownie point or two.....

So many thanks for everyone who has replied... Have downloaded the 40+ page Income Support claim pack and will put in a claim asap..

With maximum backdate request..

x x x

Something wrong with the system. (bleeding obvious statement)

Single under 25 carer on long term IB with underlying entitlement to CA will currently (subject to other income/affect of capital)qualify for a small amount of IS and the consequential passports. Not so from April 2008. RPI v Rossi has struck again.

Shaun