Our question is does this lady have underlying entitlement to Carers Allowance or do the DWP have to pay an amount of Carers Allowance?

Do you remember Severe Disablement Allowance and how this affected State Retirement Pension and Carers Allowance? Our team was trying to get underlying entitlement to Carers Allowance in order to get Severe Disability Premium. The claimant aged 72 advised us she was in receipt of State Retirement Pension. However we have since discovered this is not the case.

This is a couple - woman is aged 72, husband is aged 53. The husband is in receipt of Carers Allowance for looking after his wife, DLA - High Rate Care and High Rate Mobility. The woman has DLA - Middle Rate Care Component and High Rate Mobility.

Following a claim for Carers Allowance the lady was paid an amount of approximately £11.00. On investigation we discovered that the lady had been on Severe Disablement Allowance until age 60 when she applied for Retirement Pension.

She had insufficient contributions to get full RP so this was topped up by SDA. The local Job Centre have advised us that the lady currently receives:

Basic State Pension 35.39
A Positive Adjustment 22.66*
Graduated Pension 00.11
Invalidity Allowance 10.60**

Total 68.76

*No info re this but it may be the SDA top up.
** If it is the SDA top up is the lady receiving 2 x 10.60

I think you may be right, and the £10.60 is being paid twice.

Her SDA entitlement would be £47.45 basic rate, plus £10.60 age addition = £58.05.

If her Retirement Pension entitlement is £35.39, then an amount of SDA would be paid to make the total up to £58.05 - which would be £22.66.

(A contribuory benefit is always paid in preference to a non-contributory benefit, but it can be topped up by any balance of a non-contributory benefit due).

The "Invalidity Allowance" is the old term for the age-related addition paid with Invalidity Benefit (although I don't remember it being called that when it was paid with SDA).

So, it looks as if it's being paid twice.

And, to answer your original question, I would say there is an underlying entitlement to Carer's Allowance - it can't be paid because she is already getting RP & SDA. The only thing to be wary of is whether or not she is actually providing care for 35 hours a week - i.e. is she actually capable of this, taking into her account her disabilities.