Underlying entitlement to IS as a carer
Hello, have a client with two disabled children. One she was getting DLA and CA for directly. The other also getting DLA. DLA for the first child ends when she doesn’t respond to a renewal, however the other child’s DLA continues. CA has just ended and so has IS on the basis of the ending of the first child’s DLA.
I believe I can argue IS should be reinstated because she’s been caring for a severely disabled person throughout (2nd disabled child) but is it any any ground revision? Or just an MR on the basis that they didn’t take into account the other child. Mum has difficulties herself so suspect she didn’t let either IS or CA know about the other child specifically although obviously it’ll be on DLA/DWP records.
Any thoughts welcomed.
I don’t see any problem with what you propose. Clearly your client was getting CA in relation to one of the children and not the other, but she could still have been providing regular and substantial care for them both. When one of them ceased to be entitled to DLA, she can argue an IS entitlement on the basis of caring for the other.
You ask whether it is an any grounds revision or just an MR. I am not quite sure what you mean by this. ‘Any grounds’ revision is the claimant’s entitlement to request a decision to be changed on any grounds within a functional thirteen month time limit. MR is just a way of referring to the fact that it is usually necessary to seek ‘any grounds’ revision before you are allowed to appeal. Perhaps you mean to refer to ‘any time’ revision - however there would be no need to consider this unless the decision you are challenging is more than 13 months old.
Whether the DWP had any knowledge of any of the circumstances is not important. You can request revision on ‘any grounds’ which includes matters which the DWP were unaware of at the time. Provided that your client was, in fact, providing the care as at the decision date that should be enough.