I have just double checked th HB and CTB regs in relation to this and was surpised to find that receipt of Constant Attendance Allowance does not bring exclusion from NDDs. Seems odd???

I note from web search that two councils Kennet District Council and Huntingdonshire District Council have it listed as an exclusion on their respective internet sites.

Any thoughts/info?

According to DRH page 117 There are no NNDs if you or your partner are in receipt of Constant Attendance Allowance

Constant Attendance Allowance, DLA (Care) and Attendance Allowance are overlapping benefits.

The Disability Rights Handbook does say that there will be no non dependant deductiosn if the claimant is receiving Constant Attendacne Allownce, but it then give the reference asHB Reg74(6)

Reg 74(6) is as follows:

"(6) No deduction shall be made in respect of any non-dependants occupying a claimant's dwelling if the claimant or his partner is–

(a) blind or treated as blind by virtue of paragraph 13 of Schedule 3 (additional condition of the higher pensioner and disability premiums); or
(b) receiving in respect of himself either–
(i) attendance allowance; or
(ii) the care component of the disability living allowance"

No mention of Constant Attendance Allowance there

I had overlooked the fact that "Attendance Allowance" is defined in Reg 2 :

“attendance allowance” means–
(a) an attendance allowance under Part 3 of the Act;
(b) an increase of disablement pension under section 104 or 105 of the Act;
(c) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part 2 of Schedule 8 to the Act
(d) an increase of an allowance which is payable in respect of constant
attendance under paragraph 4 of Part 1 of Schedule 8 to the Act;
(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or
(f) any payment based on need for attendance which is paid as part of a war disablement pension;"

Therefore there are no NDD's where the claimant or partner receives Constant Attendace Allowance

Tue 13-Oct-09 01:30 PM by RichB

Thanks. I realised that it wasn't going to apply but raised the topic to highlight the issue, it seem that legislators have missed something here. Local Authorities who are giving it seem to be doing so outwith the scope of the regulations.

As far as I can see, Stainsby has cited the provision that shows the legislation hasn't missed something. CAA means no non-dep deductions. With more than 20 years in HB/CTB administration (sheesh; how long?), I am not aware of anything that would contradict Stainsby's analysis.

Kevin D is right, the definitions of "Attendance Allowance" in Reg 2 mean that there are no non dep deductions where Constant Attendance Allowance is received by the claimant.

Basically paras (b)-(d) refer to CAA payable as a result of industrial injury, while (e) and (f) refer to CAA as a result of war injuries

Sorry if I am not being clear but I know there is no NDD for those in receipt of CAA. The point I am raising is that the regulations SHOULD be changed to allow this. As we know CAA and DLA Care/AA are overlaping benefits where you only get whichever is the highest which for many of those on CAA they cannot get DLA Care or AA.

Hope this is clearer!!!