PIP and Carers Allowance

[2017] UKUT 493 (AAC), published today, from Judge Gray says -

The receipt of PIP and the receipt of a Carer’s Allowance
9. I say this, regarding the Carer’s Allowance issue, because it has been a feature in a number of appeals which I have dealt with recently.
10. If a Carer’s Allowance is in payment to somebody claiming a disability benefit on their own behalf it is understandable for a tribunal to wish to examine that. However it is not axiomatic that the receipt of Carers Allowance precludes entitlement to PIP, and the enquiry cannot start from that premise.
11. Although the facts will be for the tribunal rehearing the case, the circumstances set out by Ms Gilfoyle refer to the appellant’s partner suffering from a psychotic illness, and the possibility, in those circumstances, that the care given is in the nature of verbal support for her mental health problems, rather than physical care. It will be for the tribunal to decide whether the care provided is inconsistent with the physical difficulties claimed.
12. The case cited by Ms Gilfoyle, a decision of Upper Tribunal Judge Wikeley dating from 2011 (DLA/2499/2011) makes this very point.