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Top Other benefits topic #2249

Subject: "CA and SRP " First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

CA and SRP
Fri 07-Aug-09 09:44 AM

I've got a client who is paid £71.22 SRP and £5.47 CA for looking after his wife (they're both on AA and claim CA for looking after each other). This small amount of CA paid has resulted in only one sdp.

According to CA unit they take into consideration only the amount of his basic pension which they say is £47.63 and have topped it up to the correct rate of CA.

To maximize their income he'd have to withdraw his CA claim so he'll lose the cp but gain the sdp. However I obviously need to make sure of the SRP before I advise him of this.

I rang Pension Service but they say there's no breakdown of his SRP on the screen. If i write to them it will be months before they respond

Ignoring the precise figures have I been given the right info by CA about this top up?


  

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Replies to this topic
RE: CA and SRP , darlocab, 07th Aug 2009, #1
RE: CA and SRP , suelees, 07th Aug 2009, #2
      RE: CA and SRP , Jane80, 07th Aug 2009, #3
           RE: CA and SRP , nevip, 07th Aug 2009, #4
                RE: CA and SRP , sanwyp, 21st Sep 2009, #5
                     RE: CA and SRP , suelees, 23rd Sep 2009, #6
                          RE: CA and SRP , Paradoxides, 23rd Sep 2009, #7

darlocab
                              

welfare benefits, darlington citizens advice bureau
Member since
03rd Mar 2009

RE: CA and SRP
Fri 07-Aug-09 11:49 AM

If the state pension is paid at a rate less than carers allowance then it will be topped up by carers allowance to CA rate - this is correct.

the question is why is his basic pension so low and what is the rest made up from, it still forms part of his state pension - I am not aware that CA only took the basic rate into account, surely SP is SP no matter how its made up - I would tend not to beileve them, request CA provide proof of the figures they've used and why - what regs are they relying on - as CA allready have this information it would be quicker than pension service - let them do some work for a change

Col

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: CA and SRP
Fri 07-Aug-09 11:55 AM

My views precisely Col

Letter on it's way to CA (and to PS but I'm not holding my breath for an early reply on this one)

thanks

  

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Jane80
                              

Welfare Rights Officer, Notts County Council
Member since
27th Mar 2008

RE: CA and SRP
Fri 07-Aug-09 01:31 PM

They do only take the basic rate into account and ignore earnings or age related additions, I think this means the SERPs based addition and the 25p for the over 80s. But £47.63 for the basic rate does seem an odd amount.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: CA and SRP
Fri 07-Aug-09 01:38 PM

Fri 07-Aug-09 01:40 PM by nevip

I agree, see regulation 4(2) (but see 4(4) if there is more than one pension) of The Social Security (Overlapping Benefit) Regulations 1979.

  

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sanwyp
                              

benefit advice officer, Three Rivers Housing Association, Co Durham
Member since
26th Sep 2007

RE: CA and SRP
Mon 21-Sep-09 07:53 PM

I had a query on small SRP topped up by SDA and a warning that a claim for CA would be successful (paid) therefore impacting on SDP paid via PC. Can I link it with the above discussion and get your most welcomed views?

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: CA and SRP
Wed 23-Sep-09 11:04 AM

Just been told his reduced pension is apparently because of lack of NICs. I'll have to check this with him.

If it's correct I'll advise him to withdraw his CA so they get the couple rate of sdp.

  

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Paradoxides
                              

Welfare Rights Officer, George Thomas Hospice Care, Nr. Cardiff, Glamorgan
Member since
15th Nov 2006

RE: CA and SRP
Wed 23-Sep-09 01:00 PM

Yes, but if your enquiries do eventually reveal that the C.A. Unit were wrong in their calculations, and you have withdrawn the C.A. claim, a new claim can be back-dated as long as it's within the 3 months (unless stopping caring is used as a ground for rescinding the current claim, in which case a new claim would need to explain that the client had resumed caring again etc obviously). I have cameacross a very low pension before which resulted in the client receiving 14 pence of C.A. thereby creating a similar problem lol!.

  

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Top Other benefits topic #2249First topic | Last topic