Income Support as carer, DLA under appeal

My client is caring for his ex-partner.  Ex-partner recently refused DLA and we have appealed.  Client has not yet claimed any benefit and was told he would have to claim JSA at Jobcentre.  Looking at CPAG handbook, client can claim IS as a carer for 26 weeks while DLA claim is decided.  I am unsure as to whether client would still be eligible to claim IS whilst DLA decision under appeal.  Could he only claim up to date of decision letter?  Does the DLA decision still count as undecided whilst under appeal? Any help would be greatly appreciated.

Any tactical advice regarding client’s situation would also be appreciated.

I think he can’t claim IS as a carer - IS can only be paid for a maximum 26 weeks from the DLA claim and only up to when the claim is decided, and the claim has been decided. I think there is quite a long discussion about this somewhere on the old forums.

Jane

Duncan - 14 June 2011 12:29 PM

Re-apply for DLA.

Could client ex-partner re-apply for DLA at present if no change of circs? And wouldn’t this then limit ongoing DLA appeal?

Have now satisfied myelf from reading IS regs that client couldn’t claim IS currently:  Schedule 1B states ‘...only for the period up to the date of determination of that claim’. (read as: claim has been determined and now appealing that determination)

Ex partner could make a further DLA claim at any time but I agree it would complicate things (as you say, appeal would be time limited and you’d have to appeal the second DLA decision on presumption it was negative). Also, if ex partner makes further DLA claim now I rather suspect DCS would make an almost instant negative decision so it probably wouldn’t buy your client much time on IS anyway.

Could your client claim ESA in the short term? If she has a sympathetic GP who would issue med certs on the basis of stress/depression for instance… by the time she fails the WCA the DLA appeal issue may be resolved (and if not she can appeal the WCA decision anyway). Just a thought.

He can claim IS for up to 8 weeks after the date of the DLA decision. 
IS schedule 1B para 5

after discussing, my client has now decided to claim ESA due to stress in short term as suggested on this thread, and see how we go with DLA appeal

thanks everyone for contributions