× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Client applied for Carers Allowance then cared for died 3 days later. What happens?

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Hello,

Not had this situation before.

CA application done Tuesday 19th July. Sadly cared for died 22nd July.

I just wanted to check if there is any chance of backdating/8 week run on and such. Or not, as claim wasn’t actually awarded before death?

Thanks

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Anyone know anything about this one at all?

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

I don’t see why it would be an issue. The claimant could apply for backdating insofar as he was caring for someone at the time (even if that person has since died) and the run-on would apply so long as there was an entitlement at the point of death.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Those were my thoughts, just wanted to double check. The client used the Tell us Once service so I might contact CA to make sure the above happens and they don’t just close it all down along with everything else.

Cheers Elliot

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

If the death was subsequent to hospital admission, there could be a problem with the run-on:
https://www.rightsnet.org.uk/forums/viewreply/56514/

Mr Jim
forum member

Asylum & Roma Team, Social Work Services, Glasgow City Council

Send message

Total Posts: 134

Joined: 25 April 2017

If she claimed CA on Tuesday 19/07 and cared for person died on 22/07 would she have any entitlement as CA is paid from the Monday after you claim it if the claim wasn’t made on a Monday?

Jim

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

Mr Jim - 09 August 2021 03:05 PM

If she claimed CA on Tuesday 19/07 and cared for person died on 22/07 would she have any entitlement as CA is paid from the Monday after you claim it if the claim wasn’t made on a Monday?

Jim

I wondered about that, but s70 of the SS Conts and Benefits Act suggests to me it should be ok? And if it’s relevant (which I don’t think it is) , you could presumably also satisfy the 35 hours care in the time stated.

70.—(1) A person shall be entitled to [a carer’s allowance] for any day on which
he is engaged in caring for a severely disabled person

[...]

(1A) A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until–

(a) the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or
(b) the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),
whichever occurs first.

[ Edited: 9 Aug 2021 at 07:01 pm by Jon (CANY) ]
Mr Jim
forum member

Asylum & Roma Team, Social Work Services, Glasgow City Council

Send message

Total Posts: 134

Joined: 25 April 2017

That’s good.

Jim

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

I was wondering the same thing, whether there would be a technicality she would get caught by in terms of dates/days of the week so glad to see that section of the Act.

Thanks!

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

Just to revive this thread, and on a slightly different note, what do people think about this scenario.

Can a claim for Carer’s Allowance be made after the death of the cared-for person but within three month’s of the death? Basically looking to take advantage of the prescribed time limits for claiming in the C&P Regs and then potentially also the eight week run-on period following the death as provided for under the C&B Act.

On the face of it, I can’t see why not. They are both over pension age and if their State Pension exceeds the amount of CA payable, they will establish an underlying entitlement to CA which in turn would mean they can seek to have the carer’s element included for the past period in their Pension Credit awards (which I’m sure will also be subject to some fun and games).

I can see there may also be some scrutiny as to how they can prove the cared-for person was being cared for for 35 hours a week etc but there’s nothing obvious to me as to why the CA claim isn’t technically possible in this scenario.

Any thoughts would be welcome.

Mike Hughes
forum member

Senior welfare rights officer - Salford City Council Welfare Rights Service

Send message

Total Posts: 3138

Joined: 17 June 2010

Been a while since I did one but doesn’t the paper version require the cared for person to sign to confirm their carer?

I’m not convinced there is any legal requirement around that. Just thinking through the practicalities.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

Mike Hughes - 18 May 2022 11:22 AM

Been a while since I did one but doesn’t the paper version require the cared for person to sign to confirm their carer?

I’m not convinced there is any legal requirement around that. Just thinking through the practicalities.

Not anymore Mike,  It was one of the easements introduced during the pandemic and it doesn’t seem like it’s been put back in place.

Carer’s Allowance claim form

On another level, I do find that quite crackers but that’s a different story.

Mike Hughes
forum member

Senior welfare rights officer - Salford City Council Welfare Rights Service

Send message

Total Posts: 3138

Joined: 17 June 2010

Right, thanks for the reminder on that Paul.

That being the case I don’t see any issue with what you propose.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

Mike Hughes - 18 May 2022 11:34 AM

Right, thanks for the reminder on that Paul.

That being the case I don’t see any issue with what you propose.

Thanks Mike