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CA stopping. Need to remain on income support rather than UC??
Quickie : Client on CA+IS
Cared for fails DLA-PIP migration : appeal launched.
Need to keep client away from UC if possible
Can she claim IS based upon regularly and substantially caring for someone 35 HPW until appeal outcome?
I know you can do while waiting for outcome of PIP/DLA/AA decision, but as decision been made and now under appeal can she stay on IS?
She may need to claim UC but im hoping there are alternatives
TIA
I’m afraid not, that only works pending a determination on a claim. Just the 8 week run on unless they meet any of the other IS qualifying conditions.
I’m afraid not, that only works pending a determination on a claim. Just the 8 week run on unless they meet any of the other IS qualifying conditions.
i might be wrong here but i think they can claim it beyond the 8 weeks as long as the dwp accept they are regularly and substantially caring.
I don’t think so - it’s paras 4-6 of schedule 1b of the IS regs.
You can qualify for IS if you are ‘regularly and substantially caring’ for someone who is either getting a qualifying disability benefit or their claim is pending, regardless of whether you are also getting CA. But it doesn’t remove the requirement for the cared for to be getting or pending a claim for a qualifying disability benefit.
In theory the person they are caring for could make a new claim for PIP - but I suspect that would be decided very quickly and would then complicate the PIP appeal, so not very useful.
I don’t think so - it’s paras 4-6 of schedule 1b of the IS regs.
You can qualify for IS if you are ‘regularly and substantially caring’ for someone who is either getting a qualifying disability benefit or their claim is pending, regardless of whether you are also getting CA. But it doesn’t remove the requirement for the cared for to be getting or pending a claim for a qualifying disability benefit.
In theory the person they are caring for could make a new claim for PIP - but I suspect that would be decided very quickly and would then complicate the PIP appeal, so not very useful.
had a look and i think thats right. person being cared for would need the qualifying benefit or have made a new claim.
Toughing it out and claiming nothing pending the other person’s PIP appeal is presumably not a realistic option? Also a risk if the PIP appeal fails.
Obviously I dont know the full facts, but all other things being equal they are going to get the same amount of money on UC as IS, including the carer element backdated if the PIP appeal succeeds, leading to reinstatement of CA - that would allow the UC decision to be revised under D&A Reg 12. Why is it so important to keep them off UC?
We’ve a similar case - a mother with a disabled child whose DLA renewal has been refused. We think she has a strong case on appeal, but if she went on UC and then won the appeal, she would lose the disabled child element (unless he was awarded the highest rate). So there will be certain circumstances in which we would try to avoid a UC claim (In her case she has four children so can’t claim anyway, but it wold be the same if he just had one child).