Income Support Change of Circumstances

Two claimants (couple) have PIP (daily living), a joint claim for Income Support, one SDP and the other a claim for Carer’s Allowance for partner - Carer Premium

They are both disabled and both deteriorating. One has now stage 4 cancer (so we will review PIP) and the other deterioration of condition (could review PIP).

Question: could they both have a change of circumstances to have Two SDPs (rather than carer’s Allowance and the Carer Premium) and NOT be migrated to UC - i.e. stay on Income Support which would be better financially for them by around £30 / week.

Would making the change of circumstances, i.e. Stop Carer’s Allowance and ask for the second SDP to be included trigger a migration to UC. If not, which part of the legislation applies here?

Thank you!!!!

It’s only situations whereby a new claim for a legacy benefit is required means people need to consider claiming UC.

In your client’s case, it is a simple change of circumstances for their existing IS award so should be dine for the moment.

I thought so but was getting a bit paranoid !!! Thank you

The one thing to be aware of though, is DMG does flag possible deprivation of income decision being made if they withdraw the CA award in order to try and max out the IS award. Don’t have reference to hand but it is in there I seem to recall.

If Being a Carer with Carers Allowance is the IS claimant and the only reason for the existing IS claim?

Once Carers Allowance is withdrawn the IS would surely end after 8 weeks, unless regular and substantial caring without the Carers Allowance paid could be used to allow the IS to continue?

If the non caring partner is the |S claimant with a sickness route from years ago IS would continue?

Very good point Bill, thanks for that, I shouldn’t reply to these things when rushing off for some food.