Income Support and No Carers Allowance
Apologies if this seems like a stupid question, I rarely deal with legacy benefits.
Cl was on PIP (Enhanced for both components) and Cl’s partner received CA and IS. Cl’s PIP has currently been suspended due to potential fraud, with a subsequent overpayment (we are currently appealing this)
Since Cl’s PIP has stopped, his partner has had his CA stopped as well as IS. He doesn’t fit into any of the other categories for IS expect the carer one but its not clear whether you need CA to be eligible for IS on this basis - can we prove he is “regularly and substantially engaged in caring” even though CA and PIP has stopped?
You don’t need to be getting carers allowance but the person being cared for must be gettinng attendance allowance, the middle or higher rate of the care component of DLA or the daily living component of PIP
I would advise the client to ask for MR and appeal the IS and CA decisions (might as well appeal both) on the grounds that the PIP decision was wrong.
You can ask for the appeals to be stayed pending the outcome of the PIP appeal