Income support “Regularly and substantially Caring”

I’ve added this as a new post as well

Good morning

https://www.rightsnet.org.uk/forums/viewthread/18275/

I have a similar situation to this thread, where IS are refusing to allow someone who’s CA has stopped from continuing on IS on the basis that they are “regularly and substantially engaged in caring” for someone on PIP SRDL.

Can someone point to the paragraph in the legislation, as I cant seem to see it.

Many thanks

Tim

Schedule 1B paragraph 4 (a) (i) Income Support (General) regulations 1987

Judge Poynter Held in R(IS) 10/05 that ‘the fact that a claimant no longer falls within one category will not usually be a ground for superseding a decision awarding income support unless, on a balance of probabilities, he or she does not fall within any other prescribed category’ (para 16). ‘If the evidence suggests that another prescribed category may be relevant, then the tribunal, in the exercise of its inquisitorial jurisdiction, must consider that possibility irrespective of whether it is also raised by either of the parties’ (para 25). ‘Moreover, it is not only the tribunal that has an inquisitorial role to play in this process. The decision-maker is also obliged to act inquisitorially’ (para 26).

Here’s R(IS) 10/05 -
https://administrativeappeals.decisions.tribunals.gov.uk/aspx/view.aspx?id=1763

and the rightsnet summary -

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Duty-to-consider-all-prescribed-categories-of-persons-eligible-to-claim-cor

I’ve deleted the duplicate post in the other thread to avoid confusion, hope that’s ok :)

Thank you so much for your help with this Andy and Ros