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IS for temp carers
I’ve just visited a very badly timed PIP claim and assisted a carer to claim IS under the temp carer provisions. I suspect I will be notifying PIP of a deterioration and starting the new claim process from scratch.
IS is payable for 26 weeks. What’s to stop someone simply making a new claim if they’re still waiting for a PIP decision?
Do you mean the disabled person claims PIP, carer claims IS, disabled person abandons the PIP claim and reclaims, then the carer reclaims IS after is has expired? So the IS claim is linked to the second PIP claim?
Sorry I thought I’d replied to this. Yes, exactly that. There’s no provision for a claim to be extended for 26 weeks, but at the same time I can see no provision barring a new claim being awarded.
I took up the issue of an extension beyond 26 weeks with the DWP a couple of months ago.
I’ve chased it up since.
After a recent meeting with a senior PIP team official I’m hoping to get some positive confirmation that the Department agree with the following in the next few days.
I’ve asked that this being the case new Decision Maker’s Guidance be issued.
Schedule 1B, para 4(a)(ii) & (iii) of the Income Support Regulations 1987 provides that -
“4(a) …
(iii) the person being cared for has claimed entitlement to a disability living allowance or personal independence payment but only for the period up to the date of determination of that claim, or the period of 26 weeks.”
However, if the person being cared for is still waiting for their DLA or PIP claim to be determined at the end of the 26 weeks, their carer is entitled to a further 8 weeks extension of income support under the provisions of Schedule 1B, para 5 of the 1987 Regulations that apply to -
“5 A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.”
Paragraph 5 has not previously been needed to be used in this way in terms of DLA claims.
However, the protracted delays with PIP decision making that it should be commonly used to automatically extend IS claims if necessary to 34 weeks.
That the IS regs allow for such an extension was highlighted to me by Owen Stephens of Greenwich WRU.
Thanks Ken
I’ve had a reply from the DWP on this issue -
“The issue around carers and extension of income support is being taken forward by the Income Support Benefit Strategy Team. Consideration is currently being given to strengthen guidance to the Income Support decision makers ensuring that they apply the current legislation correctly, granting eligible carers income support for up to 34 weeks.”
What’s useful is that the DWP agree that someone can be paid IS on the grounds of being a carer for up to 34 weeks if the disabled person being cared for is waiting for a decision on thier PIP claim.
What’s frustrating is that while the issue was raised two months ago no decision on issuing Decison Maker’s Guidance has been made let alone new guidance issued.
Dan
Did you find the answer to your original question on this? I have looked at the Regs and there seems to be nothing stopping another application but I guess that whatever stops it, if something does, is buried away in a different Act somewhere
Dan
Did you find the answer to your original question on this? I have looked at the Regs and there seems to be nothing stopping another application but I guess that whatever stops it, if something does, is buried away in a different Act somewhere
No. I suspect, unless the impossible happens and the system sorts itself out, that I will be making a new claim with teh peopel concerned and appealing it if it’s refused. With 4 weeks for an appeal submission and no hearings in te piepleine meaning super quick expedited proceedings I’ll have it sorted before the election :(
[rant] they’ve refused the first claim now, PIP claim in for son, mum claims and I explain para 4(a)(iv) of sched 1B and they say “you can’t get IS until the PIP claim’s awarded” grrrr! [/rant]
Just an update on the issue of income support for carers being extended after 26 weeks by a further 8 weeks if a PIP decision still hasn’t been made.
The DWP say that internal guidance has now been issued to make it clear that income support can be paid for up to 34 weeks in the above situation.
A DWP guidance memo will not be published as “the guidance is not new guidance just a clarification of existing guidance”.
However, the Decision Makers Guide published on the internet is supposed to be updated within the next few weeks.
Note -
Schedule 1B, para 4(a)(ii) & (iii) of the Income Support Regulations 1987 provides that -
“4(a) …
(iii) the person being cared for has claimed entitlement to a disability living allowance or personal independence payment but only for the period up to the date of determination of that claim, or the period of 26 weeks.”
However, if the person being cared for is still waiting for their DLA or PIP claim to be determined at the end of the 26 weeks, their carer is entitled to a further 8 weeks extension of income support under the provisions of Schedule 1B, para 5 of the 1987 Regulations that apply to -
“5 A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.”
Paragraph 5 has not previously been needed to be used in this way in terms of DLA claims.
However, the protracted PIP delays with PIP decision means that it should be commonly used to automatically extend IS claims if necessary to 34 weeks.
That the IS regs allow for such an extension was highlighted to me by Owen Stephens of Greenwich WRU.
That will work for 34 weeks, about 8 months, but PIP claims can take longer than 34 weeks.
Any thoughts on Dan’s original post - making a fresh PIP claim?
Just an update on the issue of income support for carers being extended after 26 weeks by a further 8 weeks
and funnily enough the DM that has allowed the recon in the case I was discussing said to me today “we’ve just had some new guidance that IS can be paid for up to 34 weeks”...
I have not had a problem submitting repeat DLA claims in order to secure carer claims in the past (where DLA claims are turned down or only lrc is awarded and carer neeeds to claim IS to continue caring pending an appeal).
I have not had a problem submitting repeat DLA claims in order to secure carer claims in the past (where DLA claims are turned down or only lrc is awarded and carer neeeds to claim IS to continue caring pending an appeal).
Isn’t that a bit risky though?
The reason I was contemplating it in the example I was discussing was because the PIP claim had been made at a pretty bad time and on a thorough reading the qualifying period didn’t expire until a date more than 3 months after the claim had been made. A new claim was therefore, possibly, merited.
Making a second PIP claim to secure ongoing IS entitlement could supersede an award on an earlier claim and leave a client worse off in the long run.