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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Carers Allowance & PIP for respite - both being reduced as a result

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Urgent help needed!  Caller’s daughter has a respite short break for 2 nights every week which is paid for by the local authority.  Under DLA the amount of care was reduced by the equivalent of 2 days with no effect on Carers Allowance.  Now her daughter has been moved over to PIP, carer’s allowance is suspended waiting on PIP and PIP are stating that no daily living will be paid on those 2 days.  PIP have told her to call them every 5-6 weeks to give them dates of the respite and once it reaches 28 days her Carers Allowance will stop.

The manager of the respite “short breaks” for learning disabilities has mentioned to the client that she is the only one of the parents who is having their benefits reduced (DLA, PIP & CA) so she’s now wondering if she should have been in effect “paying” for this respite under DLA (care component being reduced by the 2 days equivalent).

Any ideas? 

Much appreciate this.

Thanks

[ Edited: 22 Jan 2019 at 05:27 pm by JojoMitchell ]
Jane O-P
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Parkinson's UK

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Joined: 31 July 2017

Hi,
The day entering and leaving care count as days at home, so a two night stay is only one day for DLA/PIP purposes (assuming she is just moving between home and respite).

The DLA and PIP rules for this are the same. Once the 28 day allowance is used up the DLA Care / PIP DL should not be paid for one day each time she has two nights of respite. If she has a clear run of 28 days without respite that breaks the link. So she could do 28 days without respite, then 28 weeks each week with a 2 night stay, then repeat and not ever lose the DLA/PIP. It’s common to plan respite to avoid loss of DLA/PIP - that might be what the other parents are doing.

DLA care / PIP DL being paid for 6 days out of 7 in a week doesn’t prevent the carer getting carers allowance.

I’ve found PIP are just less competent than DLA in understanding and administering around these issues. 2010 through to 2017 I worked doing WR for people with autism and saw lots of cases of respite arrangements which have been steady for years being disrupted by mistakes by DWP on the move to PIP

Jane

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Thanks Jane.  I looked at the Regs after posting in a panic and called the caller back.  Unfortunately there is no way she can manage without the weekly respite.  PIP have told her that they will release payment (been waiting since 06/11/18) so fingerscrossed that will be OK but it’s now Carers Allowance that are causing a problem when they didn’t before.

Really appreciate your prompt response!