I have a case that i am getting very confused about...

One of our tenants was in receipt of SDA and IS and full HB including the Disability Premium.

She has now been paid bereavement allowance and of course her SDA has stopped because they are overlapping benefits. HB have now removed her disability premium.

I believe that under sch 3, para 7 she retains her DP because she has an underlying entitlement to SDA. Is this correct? Her Bereavement allowance can be paid indefinately so does this still apply?

Thanks for your help

i'm presuming that her SDA payments were stopped when bereavement allowance payments began and that she didnt actually cancel her claim to SDA?

if so then she has an underlying entitlement to SDA and so should retain the disability premium. that's my understanding of it

If the clmt is on IS, HB/CTB premiums are irrelevant.

They continued to pay her SDA even though BA was in payment and then eventually stopped it. They counted both as income when they reassessed her IS and as such she was overscale. We have now appealed this IS decision and are waiting on further info.

So now she didnt cancel her claim to SDA. I take it your intrepretation of sch 3, para 7 is the same then?

Thanks

my belief is that the disability premium should still be included in her applicable amount for HB as her claim for SDA has ended itself, merely that she doesnt receive payments of it anymore due to overlapping benefit rule

as long as income support is in payment, her HB applicable amount is perhaps irralevant. however if she came off I/S for some reason at a later date it could be more important for calculating part HB