Forum Home → Discussion → Disability benefits → Thread
Overpaid Carer’s Allowance, SDP entitlement?
Cant put my finger on this.
Cl is on IS. His friend had been claiming CA for looking after him but had earnings during the same time that meant in the end she was found out and has now to repay the Carer’s Allowance as actually not entitled to it.
Cl has had SDP added to IS now, but had asked for it to be backdated as the carer should not have had the Carer’s Allowance. All other circs for SDP apply.
DWP have refused and cl looking to appeal.
Para 13(2)(a)(iii) of Sched 2 of the IS regs requires that “no one is entitled to, and in receipt of, a carer’s allowance…....”. This appears to mean SDP is payable if no one is entitled to AND in receipt of, thus envisaging a situation that someone might, say, be not entitled but in receipt of (ie overpaid), and so no SDP payable.
Am I reading this right ie cl cant get the SDP backdated?
Many thanks, :)
CPAG handbook, p.835 : “Although the severe disability premium or amount for severe disability is not payable throughout any period during which a carer is receiving CA, if it is later decided that CA has been overpaid (i.e. that the carer was not in fact entitled to receive CA), you should ask for any decision denying you entitlement to the severe disability premium or the amount for severe disability premium to be revised. The carer must be both entitled to and in receipt of CA for the severe disability premium not to be payable”. Therefore it would appear that your client would have a case for backdating as the friend was not entitled to CA.
Many thanks for that. Jumped straight to the legislation books!
Cant put my finger on this.
Cl is on IS. His friend had been claiming CA for looking after him but had earnings during the same time that meant in the end she was found out and has now to repay the Carer’s Allowance as actually not entitled to it.
Cl has had SDP added to IS now, but had asked for it to be backdated as the carer should not have had the Carer’s Allowance. All other circs for SDP apply.
DWP have refused and cl looking to appeal.
Para 13(2)(a)(iii) of Sched 2 of the IS regs requires that “no one is entitled to, and in receipt of, a carer’s allowance…....”. This appears to mean SDP is payable if no one is entitled to AND in receipt of, thus envisaging a situation that someone might, say, be not entitled but in receipt of (ie overpaid), and so no SDP payable.
Am I reading this right ie cl cant get the SDP backdated?
Many thanks, :)
This means that someone must be both entitled to and receiving CA for SDP not to be payable. It is this same provision that allows, in some circumstances, someone to be entitled to and receiving Carer Premium whilst the person they are caring for is also entitled to and receiving SDP - the classic example being someone in receipt of SRP so that CA is not payable due to the overlapping benefit rules, but underlying entitlement to CA (and with it entitlement to Carer Premium) is retained. It is only CA in payment that prevents entitlement to SDP, so the disabled person retains this.
The DWP is entirely wrong here - the appeal is a shoo-in.