Is there a loophole in the older rules regarding carers premium continuing indefinitely? Client is 80, husband died in 1995 and she had been his carer. Still getting CP in her PC. States has queried it with them twice and they insist it is correct. Any help appreciated.

If someone was aged over 65 and entitled to ICA on 27.10.02 they remain eligible for CA and thus the carer premium even if they are no longer providing care, e.g. if that person has died. Have a look at Disability Rights pg 198.

plus ICA may have been in payment at 27 October 2002 because of the similar rule that had previously governed ICA, which allowed both men and women, once they reached retirement age, to continue to recieve it, again even if they no longer cared for a disabled person (Regulation 11 of the Social Security (Invalid Care Allowance Regulations 1976).

"even if they no longer cared for a disabled person". Does this cover a disabled person going into hospital and having to stay there permanently? Will his Carer who was over 65 on 27/20/02 still be eligible to have the premium included in their/her appropriate amount? His attendance allowance stopped after the normal 4 weeks. Any help in confirming this greatly appreciated.

May

thanks for your help