I am working with a married couple who both have downs syndrome. They both get the middle rate care component of DLA and have an underlying entitlement to Carer's Allowance.

I sent in a revision request to the HB office as they removed the Carers premium for his wife as soon as they put in the severe disability premium. Their policy departement say that both premiums should cannot be paid simultaneously. I know that this isn't the case, but they are looking for a HB Reg to prove it. Both partners should get a carers premium and severe disability premium. Can anyone point me in the right direction?

Sounds like another case of the agency that pays the benefit making up the rules as they go along ("How can anybody possibly be caring 35 hours a week for somebody if they get DLA care and the SDP themselves?"). Believe me, the LA won't be able to find a rule precluding the award of both SDP and CP in respect of the same person.

The question(s) that might arise when a carer with underlying CA entitlement gets DLA on their own account is, "Are they still caring for the nominated person for 35 hours a week, etc?" That is a question for the CA DM to decide, not the LA. In practice, this scenario crops up regularly and CA (or underlying entitlement) is likely to continue, especially where carer and 'patient' are in the same household. Couples like yours get into a routine of helping each other, and can still manage it by mutual co-operation. I remember a physically disabled couple in just this situation, who described their coping strategy thus: "Well, we just sort of prop each other up!"

Jim

Many thanks. That is what I thought. Rather than finding a relevant regulation to prove that both can be paid at the same time, I will ask the onusis on the LA to find a regulation that precludes paying both at the same time.

I think the main problem arose because their computer system will not pay out both premiums together.

I have previously had a case like this where both get the Severe Disability Premium and both got the Carer Premium. I have looked in the 'Guide to Housing Benefit and Council Tax Benefit 2003/04, if you have the book it is in paragraph 12.35 and at the side it is covered by Housing Benefit Regulation schedule 2 paragraph 14B. Hope this is what you need.

The condition for the Severe Disability Premium is in Sch 2 para 13 HB Regs and for the care premium Sch2 para 14ZA HB Regs.

Note that the condition for the carer premium is that the person or his partner is entiled to(not necesarily in receipt of) to carers allowance

If the LA come up with an argument about how a severely disabled person can be engaged in caring for someone simply point out that the LA have no jurisdiction to decide who is entitled to carers allowance.

The policy dept may be loking for a Reg to prove their case but they wont find it. Sch 2 para 13 might exclude a claimant from the SDP if someone is actually paid CA, but that is an altogether different matter.

I would go for a full appeal to a Tribunal. That way you will either get the LA to back down, or their submission will be so bad you will hardly have to present your case

Chapter and verse can be found at:

http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/pdf/a8_2601.pdf