Couple, divorced about 5 yrs - he now terminally ill, moved back into her home for care/be near his family (everything in her name) and she is claiming carers premium in her PC. Pays £80 for his living expenses.
Decision now made after numerous forms/visits by pension service as LTAHAW. Reason given to her on phone - only charging £80 - much less than going rate for a carer. Appears they're saying it cant be commercial so must be a couple? I'm visiting this week re reconsideration - any pointers? also should they claim as couple pending the new decision - would that be without prejudice (eg like claiming JSA whilst challenging IB decision)?any help appreciated.
thanks

Commerciality has nothing to do with it unless he is claiming HB to pay the rent charge. The usual factors should be taken into account (NB no single factor is decisive and matter should be looked at as a whole) e.g. financial arrangements, how they present in public, whether they are a 'household', sexual relationship, children etc.

What does the £80 cover?

They can reclaim as a couple but need to be careful about how the claim is completed. It is best NOT to put the details down under "partner" but inculde them under other people in the hosehold and then include a covering letter stating that in the decision dated xx/xx/xx they were found to be LTAHW. Remember that a LTAHW decision is a legal conclusion or finding, it is not a fact in itself so when re-caliming, they present the facts as they see them, not how the DWP sees it. If that makes sense!