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quick question about underlying entitlement

 

 

JAS1
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Hello,

I am fairly sure I know the answer but just want to check

Obviously someone would only qualify for underlying entitlement to CA if they are receiving another overlapping benefit which prevents payment of CA right?

So, can someone ‘choose’ to just get underlying entitlement? The person in question gets IR ESA so if she applies to CA she is likely to be paid at least some of it which will mean her mum looses her SDP etc. Am I right in thinking it is not possible just to apply for the underlying entitlement and ask not to be paid CA?

I’ve not heard of this happening but just double checking

Cheers

      [ Edited: 12 Apr 2017 at 04:29 pm by JAS1 ]
Jon (CHDCA)
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Despite what DWP sometimes advise when they are not paying a benefit for some reason, an “underlying entitlement” must have something to underlie. It’s worth checking if the carer is receiving contributory ESA which is then topped up with income-related ESA, in which the CA can underlie the c-ESA.

Incidentally, being under full UC would not help: you can receive the carers element of UC without claiming CA at all, just by virtue of providing regular and substantial care. But getting the carers element of UC also disqualifies the disabled person from getting the SDP. (I think UC therefore effectively removes the option available under Income Support of claiming benefit as a regular/substantial carer without any CA and with no carers premium, which can leave the caree’s SDP in place).

     
JAS1
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Thanks very much for clarifying Jon. Cheers for the extra info about UC as well, I wasn’t aware of that

     
stevenmcavoy
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JAS1 - 18 April 2017 03:14 PM

Thanks very much for clarifying Jon. Cheers for the extra info about UC as well, I wasn’t aware of that

neither was I.  concerning i hadn’t picked up on that.

     
Jon (CHDCA)
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I don’t know if someone could just choose to forgo a UC carers element to which they were entitled, I doubt it.

However, if a carer getting UC didn’t quite meet the threshold for an award of CA, eg if they only provided 30 hours care, then I suppose they would not qualify for the carer element of UC, they would have some sort of claimant commitment to meet in respect of their free hours in the week, but would not then be preventing the caree from getting an SDP. Does that sound right?

For ref, UC regs 29 and 30:
http://www.legislation.gov.uk/uksi/2013/376/part/4/crossheading/particular-needs-or-circumstances-carers/made

SI 2015/1754 amending the SDP regs:
http://www.legislation.gov.uk/uksi/2015/1754/part/2/made