Client's son is in a mental health unit at hospital on a voluntary basis he has a plan which allows him to return home for 2 days during the week but he doesnt stay the night at home, and he is at home from fri am to sun pm.

He has been in hosp for more than 28 days but not told DLA and still receivies MRC. Clt has claimed CA, not paid yet. I understand that he may be treated as eligible for DLA on the days he is at home, therefore I assume she can claim CA and IS for these days?
We spoke about JSA until he returns home full time but part of his leave agreement is that she will be at home to care for him and therefore wont be available for work during these days.

Aything else I can suggest, and what happens on the days she is ineligible for CA/IS cause he is an inpatient?

Just a thought and I am here to be shot down but isn't Carer's Allowance always a weekly rather than a daily benefit? So if mum is looking after her son for 35 hours a week (and t sounds like she is) then she should be entitled to IS and CA all the time even though there are days when her son is not enittled to DLA. Yes?

CC

The issue about CA is that under s70 of SSCBA it is only payable where DLA/AA is payable; so unless the person cared for is still entitled to be paid the benefit (ie the hospital in-patient rules do not apply), the carer cannot claim CA.
In CDLA/1099/1996 the Commissioner held that the hospital in-patient rules DID apply to a claimant who went home during the day but back to the hospital at night.