Evening everyone,

i am aware of the 8 week run on for C.A following the death of the person being cared for but a colleague took a phonecall from a client today which had us thinking...

client claims C.A in March 07, paid continuously until person being cared for entered hospital and stayed past the 28 days, his AA was suspended so CA suspended too....i've no gripes with that bit. Problem is AA person dies whilst still in hospital and client has received letter from CA unit saying CA ceases with effect from date of death of AA person.

Is it right that the run on period does not apply if the person being cared for has had their AA/DLA suspended due to hospital stay and then dies? Can't seem to find the answer, any help as always appreciated.

In normal circumstances when a person dies the CA runs on for the eight weeks - here, the person passed away in Hospital: could it be then said that they had left hospital on that day and therefore the eight week run on period started from that day? or is that line of thought in bad taste .......

Hi Mike

Yep, i guess that's one route i could try!! I'm waiting for the person to bring the actual letter into bureau. I find the Carer's Allowance letters are the ones clients get most confused with so i'm hopeful that a tel call will resolve this. I'll keep you posted.

It's all in S.70 SSCBA which needs close reading. S.70(1)sets, effectively three requirements for CA:
1. caring for a severely disabled person
2. regularly and substantially so engaged
3. not gainfully employed

Other sub-sections add the age limit, the residence and presence tests and the full time education rule.

Then S.70(1A) sets the rules for the 8 week extension. It exempts claimant from conditions 1 and 2 above.

The hospital restriction arises because a person not in receipt of AA after four weeks is no longer a severely disabled person, as defined in S.70(2) (condition 1 above). So the lifting of this condition by S.70(1A) applies. No problem.

BUT...S.70(1A) only applies to a person who was entitled to CA "immediately before the death of the severely disabled person" and I don't see an obvious way round that - unless it's a case of there being underlying entitlement with payment suspended. I don't think it is; I think a person is just disentitled in these circumstances, but an argument along these lines might be worth a try.

Seems harsh on policy grounds but I suppose the DWP could say that a person might have been in hospital or nursing home for months or years before their death and there would be no justification for giving someone 8 weeks CA in those circumstances. Still has the effect of denying the carer the 8 week adjustment period.

Richard Atkinson