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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Severe Disability Premium and NHS Continuing Health Care

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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Total Posts: 114

Joined: 22 June 2010

IS Regs, Reg 3 states that:

Definition of non-dependant
3.—(1) In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.

(2) This paragraph applies to—

(e)a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the claimant or his partner for the services provided by that person.


Is a live in carer funded by NHS continuing health care classed as a non dependant.  If they are classed as a non dependant is this because they are not engaged by a charitable or voluntary body and/or because a charge is not made to the claimant.

Thanks in advance.

elaineforrest
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Benefits specialist - Dumfries & Galloway Citizens Advice

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Total Posts: 64

Joined: 16 June 2010

From reading the regulation it would appear to be on both the grounds that you have suggested that your clients case for SDP would fail.