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

SDP when carer’s UC carer element is replaced by LCWRA

EJ
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Benefits advice line - Coventry City Council

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Total Posts: 111

Joined: 29 June 2010

3 Adults in household - client, mum and sister, all on PIP DL. 
Client on ESAir.  Sister and mum on UC.  Mum was receiving UC with a carer element for looking after client, but she has had wca and LCWRA element has been allowed back to last October, so the carer element has been removed from her UC award.
As there is no longer any carer element (nor CA payment) in place, can we seek an SDP in my client’s ESA?

Thanks everyone

Elaine

Paul Stockton
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Epping Forest CAB

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Yes you can. Your client is treated as living alone. The others in the house do not count as non-dependents because they receive PIP DL. ESA Regs 2008 schedule 4 para 6.

EJ
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Benefits advice line - Coventry City Council

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Total Posts: 111

Joined: 29 June 2010

Thanks Paul.  I’ll chase this up with them.

Elaine