My client is one of a couple who were both on DLA HRC and HRM. He's just lost his completely (cheers DAIS) but is appealing.

They were on IS only and have obviously lost the sdp x 2 and his edp.

I'm looking at maximizing their income and have been weighing up whether he should start to claim CA for looking after wife so they'll get the cp.

In normal circs if someone is entitled to the 3 month backdating of CA and thereby cp it doesn't affect the past 3 months sdp of the person for whom they're caring. Would it be the same in this couple's case?

But then... if DLA is awarded at appeal and he then stopped claiming, they'd then be entitled to the sdp x 2 but would how could these arrears be paid if he's been claiming CA througout the period of appeal?

...please!

IS (General) Reg Sch 2 para 13 (3ZA) says that for sdp purposes "no account shall be taken of an award of carers allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is first made".

So if your client claims carers allowance then the DLA is successful, the arrears of CA should be disregarded. Two SDPs should be awarded up to the date the first payment of CA is made, then one SDP after that.

Fri 09-Jan-09 03:16 PM by suelees

Thanks Ruth.

I'm ok with the first bit about claiming CA now with a 3 month period of backdating of cp not affecting sdp already paid.

But this reg doesn't cover the question that if the appeal is successful would arrears of 2 sdps will be backdated when in actual fact he's been claiming CA/cp for the same period.

I'm now firmly of the belief that if he claims it now the increase in income will only be temporary as he'll then lose out financially if his DLA appeal is successful. If it's dismissed then he'll have lost out again by not claiming the CA now.

How the heck I can explain all this to my client who is struggling anyway with understanding the correlation between various benefits and premiums.

Best leave well enough alone I think.

I couldn't see any reason why SDP paid in arrears should be calculated any differently, the reg clearly and unambiguously states that arrears of CA should be disregarded.

I do agree with you about the potential for your clt to lose out. I would certainly leave well alone if you think you have a good chance of DLA being reinstated at tribunal.

Good luck with the appeal.