ib appeal for couple with two sdp’s and two carers premiums

situation is a couple, one on ib and one on sda, one gets middle care and one high care dla.  both have claimed ca premium due to underlying entitlement.  one though has now been cut off his ib so carers should now go into payment losing a sdp.

i am wondering if there is a best way to go about this appeal to ensure they dont lose it during and after the appeal.

should we appeal both the ib and then the is determination on their applicable amount following the start of the carers, i am thinking that should he win his ib appeal then the is one could be reviewed by the dwp?

surprisingly i have never had this situation before.

thanks for any views.

Tony Bowman - 14 October 2010 12:45 PM

I’m not entirely sure what you’re asking…

However, if the IB appeal is successful and that benefit is backdated, then all should return to what it was with appropriate payment of arrears, if any. It’ll be complicated to ensure that everything’s done correctly though.

As an aside, if you’ve not already done so, check the PCA exemption criteria. Those in receipt of SDA since prior to 12/04/95 and those in receipt of DLA HRC are both exempt from the PCA.

its the ib claimant in receipt of middle care thats been cut off so no exemption unfortunately.

what i was asking was essentially if what you suggested re the retuning to what the payments should have been will happen.  given that carers should come into payment i dont want income support dragging their heels and arguing that as carers was paid the clients lose one sdp, even if the client wins his appeal.

I hope that makes sense.  thanks for the reply.

Tony Bowman - 14 October 2010 01:38 PM

You cannot prevent that scenario; it’s cause and effect. All you can do is make sure it’s all done properly.

IB goes, so CA comes in, so SDP goes.

If the appeal is successful then IB comes in, CA goes, and SDP comes back.

SDP won’t be backdated for the appeal period because the person was in receipt of CA throughout, and that won’t be taken away by the backdated IB. Instead, the arrears of IB will be offset against the CA paid and the remainder offset against the income support (PAOR Regs). For the ongoing award, the overlapping benefit rules (reg 4 OB Regs) come back in to make the contributory benefit (IB) payable over the non-c benefit (CA), which will bring the SDP back into payment.

The difficulty will be in making sure that the proper offsetting takes place and that the correct amount of arrears of IB, if any, are paid after offsetting.

I hope this helps.

this was my thought and i was trying to work a way around the clients losing out even if they win the appeal.

is there any scope for an income support appeal based on a challenge against the calc of the applicable amount when the carers goes back into payment?  what i am thinking is if the change in income support is appealed then income support may later review the decision if the ib appeal is allowed.

I really dont want to see them lose out on their sdp for a period based on what may eventually be a decision which is overturned at appeal.