My client was awarded underlying entitlement to CA from 6.12.04. Partner (whom she was caring for) died 4.1.05. Pension Credit refused carer premium for 8 week run on period. Upon investigation I discovered that the reason for doing so was becuase CA office had advised 8 week run on not applicable because the partner died in hospital. This seems absolutely ludicrous as he was only in hospital for 1 day before he died!

Having looked into this a bit further it appears that 'new carers' cannot maintain their CA entitlement for any breaks in caring until they have been caring for 22 weeks. My client indicated on the CA form that she started caring on 11.11.04, so is under 22 weeks.

Has anyone encountered this rule before? Any tips or suggestions? (I've already thought about whether she could have clocked up 35 hours in the days before he went in to hospital but becuase the CA week runs Sunday- Saturday and he went into hospital on a Sunday, this wouldn't work)

Hi Sara

You and they are getting mixed up with continuing entitlement and payment of Carers and the 8 week continuing payemnt of the Carer Premium.

The Premium continues for 8 weeks regardless of the length of time they have had the entitlement to Carers.

The actual payment of Carers would only continue for breaks in caring (Holidays / time in hospital) if they had the 22 weeks in.

Payment should continue following a death for 8 weeks again regardless of the time claimed.