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Severe Disability Premium- couple where one is currently claiming Carer’s Allowance
Hi there,
I am advising a couple who are on ESA. The husband is on DLA HRC and his wife claims Carer’s Allowance for him.
She has recently been awarded PIP Enhanced Daily living after her DLA LRC award was increased on transferring over.
Potentially, they could now get two Severe Disability Premiums if the wife was to give up her CA award.
Are there any arguments for her not doing this- has anyone had any problems with it? They can’t change until January anyway as the award won’t come into effect until then.
They would obviously be better off with two SDPs rather than one CA and one SDP.
Kind regards.
[ Edited: 18 Dec 2015 at 03:37 pm by LauraE ]I’ve done it in times past and ensured I don’t stumble over the notional income rules by making a declaration that the claimant could no longer cope with their caring responsibilities.
Hi there,
I am advising a couple who are on ESA. The husband is on DLA HRC and his wife claims Carer’s Allowance for him.
She has recently been awarded PIP Enhanced Daily living after her DLA LRC award was increased on transferring over.
Potentially, they could now get two Severe Disability Premiums if the wife was to give up her CA award.
Are there any arguments for her not doing this- has anyone had any problems with it? They can’t change until January anyway as the award won’t come into effect until then.
They would obviously be better off with two SDPs rather than one CA and one SDP.
Kind regards.
The question arises if the two of them claimed CA. Would this get both of them an underlying entitlement to it but not paid. Then the SDP would be applicable. However, I am unsure whether both premiums can be paid at the same time. CA and the SDP could be paid at the same time under IS and ESA but I’m unsure now. Notwithstanding this she can argue that the deterioration in her health means she can no longer fulfill the care criteria.
In their situation there is an interesting loophole in the law which I cannot discuss on the forum. It’s not unlawful but I would not like to alert the authorities. Shaun has my details so I am authorising him to give you my email address? If you would please Shaun? Thanks, here’s wishing all at Rightsnet and users a Happy Christmas, Healthy and Peaceful 2016.
The question arises if the two of them claimed CA. Would this get both of them an underlying entitlement to it but not paid. Then the SDP would be applicable. However, I am unsure whether both premiums can be paid at the same time. CA and the SDP could be paid at the same time under IS and ESA but I’m unsure now. Notwithstanding this she can argue that the deterioration in her health means she can no longer fulfill the care criteria.
In their situation there is an interesting loophole in the law which I cannot discuss on the forum. It’s not unlawful but I would not like to alert the authorities. Shaun has my details so I am authorising him to give you my email address? If you would please Shaun? Thanks, here’s wishing all at Rightsnet and users a Happy Christmas, Healthy and Peaceful 2016.