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Closing/withdrawing a CA claim

CAAdviser
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Central and South Sussex Citizens Advice

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Mixed age couple who are eligible for pension age benefits.  She is claiming CA for her partner but has now become eligible for PIP DL herself so couple will be better-off with two SDPs rather than claiming CA.

CA are however refusing to allow her to withdraw or close her claim.  It seems bizarre that someone can be forced to claim something they no longer want to claim!  Does anyone have any experience of this and whether anything can be done?

Many thanks

stevemac
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Horsham CAB, West Sussex

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There are a number of UT decisions which confirm that there is a “right” to withdraw a claim

However, in this case your clients would have to be made aware that by doing so they could be caught by “deprivation of income” rules - ie:  are they depriving themselves of a non- means tested benefit in order to qualify for ( or an increase in) a means tested benefit - if so then they would be treated as still being in receipt of CA as “notional income” 

“Deprivation of income” as above should not be a factor if the claim to CA is withdrawn on basis   (for example) that the carer is no longer able to provide 35 hrs pw care

see CPAG 19/20 - pages 450 ( under pension age) and 481 (over pension age) “deliberately getting rid of income”

 

 

 

 

 

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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CAAdviser - 02 January 2020 10:10 AM

... so couple will be better-off with two SDPs rather than claiming CA.

Why not keep the CA? They could still get one SDP.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Can she get round the deprivation of income argument by saying that the deterioration in her own health means that she can no longer provide 35 hours of care per week and therefore no longer qualifies for Carer’s Allowance. In other words she is not withdrawing the claim but declaring that she no longer qualifies.

EDIT: after I posted I realised Stevemac had already suggested this

CAAdviser
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Central and South Sussex Citizens Advice

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Charles - 02 January 2020 05:51 PM
CAAdviser - 02 January 2020 10:10 AM

... so couple will be better-off with two SDPs rather than claiming CA.

Why not keep the CA? They could still get one SDP.

Without CA, the couple can receive 1 x CP (for him,. he is over pension age) and 2 x SDPs.

With CA, the couple can receive 1 x SDP and 2 x CP.

1 x SDP is worth £29pw more than 1 x CP.

As CA is deducted pound for pound from their PC, it doesn’t make a difference to the calculation.  You receive it, they take it off your PC and give you a CP instead - so what you are comparing is an SDP to a CP, not an SDP to CA.  If that makes sense!

I’ve confirmed that the above on QB.

 

 

CAAdviser
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Central and South Sussex Citizens Advice

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Thanks everyone for your responses.  Very helpful.