Currently have over 60s couple, both on AA, both with underlying entitlement to carer's premium. 2003-2004, council agreed both SDP and Carer's Premium were included in Applicable Amount. Now, however, are saying that because they are 'in receipt' of carer's premium, (even though not actual carer's allowance) they have cancelled out the other person's sdp!! They are quoting HB Schedule 2, paras 10 and 12. We do not have the books - can anyone fax this to me on 0161 976 3985, or tell me where to find it? Am I right in thinking they've got this wrong? HELP!

Hi - you can find HB/CTB legislation on hbinfo - http://www.hbinfo.org/menu2/hbregs/schedule2.shtml will take you to HB Regs Sched 2.
Your local authority seem very confused -- paras 10 & 12 are actually about routes on to the (largely obsolete) higher pensioner premium. Para 13 is the one about SDP and it confirms at 13(2)(a)(iii) that SDP can be paid
"if no person is entitled to, and in receipt of, a carer's allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;"
Maybe also point the LA to section C4 of the Guidance Manual (also on hbinfo http://www.hbinfo.org/menu3/gm2003/c4_2003.shtml ) - although I've just been reading it and to be fair to local authorities it doesn't explain the SDP-CA interaction very well

alban

They have got it wrong - to lose the SDP the carerer has to be "In receipt of" the actual Carer's Allowance, not the premium -
Also point them in the direction of HBR Schedule 2, para 14B and see Zebedee, Ward & Lister "Guide to HB & CTax 2003/2004 - page 216