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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Top up of carers allowance due to overlapping benefits still lose sdp

LJF
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Benefits caseworker - Manchester Citizens Advice Bureau

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Total Posts: 143

Joined: 12 July 2010

If someone gets retirement pension of £52. So they get a small carers allowance top up of £13. Due to overlapping benefit rules. Does the disabled person still lose their sdp?

I know if they get PAID CA then they lose sdp. And if they got £100 a week pension so no CA paid then they would just have underlying entitlement so they wouldn’t lose sdp.

So does just being paid a little bit of CA still mean they lose sdp.

Thanks

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Joined: 16 June 2010

Yes, receipt is recipt. There’s no requirement that 100% of the CA be in payment, just some of it.

I recall a client whose state pension was about the same as the CA rate. Depending on the various uprating rates, in some years her state pension was a few pence too low for the severe disability addition to come into payment, in other years they qualified for it.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Joined: 17 June 2010

I often advise clients in this position that it may be advantageous for the carer to renounce the claim for carers allowance.

I have had a couple if instances where the DWP held that the carer (who was also claiming a means tested benefit) had deprived herself of income and it ended up at Tribunal.

We won the case at Tribunal each time