I am an appointee for clients in residential care. Some of our clients receive DLA-Care at Mid or High, this previously allowed for the SDP to be awarded under I.S.. Since the intro of PC we have had some of our clients SDP removed but some have retained. Could anybody point me in the right direction of regs which clarifies whether SDP should be awarded or not.

Many thanks
Paul Smith

The relevant Regs which mirror the IS Regs are the State Pension Credit Regs - Reg 6 and part 1 of schedule 1.

As far as I'm aware there has been no change to the AA or DLA Regs regarding entitlement while in residential care. The relevant DLA Reg is Reg 9 of the DLA Regs.

Thus self funders, those not placed in care under part 3 of the National Assistance Act 1948 or those not in LA homes do not lose AA or care component of DLA so retain the SDP.

Regards
Part

That should read - regards Paul. I cant even remember my own name at times. Ummm!

Many thanks Paul
Do you know of a website i could download the regs from?

the consolidated regs are available as 'The Law Relating to Social Security' (The Blue Books) - see the link in rightsnet toolkit under Legislation/Consolidated legislation