Hi

Got a client who had to give up work and return home to care for her father, who had suffered a stroke. She claimed income support, but has been refused as she does not get carers allowance. He does not receive DLA, and is not likely to qualify as he is recovering so well. Apparently she cannot claim as providing temporary care as he (her father!) is not deemed 'close family'. She has been told to claim JSA even though she is obviously not available for work.
Any ideas???
This is something else that is going on my list of unfair,unjust or downright bloody stupid benefit regs.

Not getting carers allowance is not a ground for refusing IS as a carer; IS can be awarded pending decision on a claim for DLA for the disabled person if the carer is 'regularly and substantially engaged in caring' for them (and for 8 weeks after the DLA decision, even if MRCC is refused). (Para.4(a)(iii), Schedule 1, IS Regs).

So the solution is for the father to claim DLA (or AA if over 65) even though you don't expect him to qualify and then reclaim IS pending a decison on this claim.

They are correct that para.3 of the same Schedule (temporary care of a member of family) doesn't apply since father is not a member of her family for IS purposes.


Richard Atkinson

I agree with Richard's suggestion of applying for DLA for the father. A word of warning though: the last time that I tried this route for a client (caring for her son) she received the unfavourable DLA decision in about a week of applying

Thanks guys,

Will go down this route, even though it seems wrong and against all principles to encourage someone to apply for a benefit they are not entitled to. We actually have a date stamped form, which was got for dad by another agency. Still within time so may be able to get her claim reinstated.
Of course his recovery may slow, or he may have another stroke. His recovery would certainly slow if his daughter didn't care for him!!!!!!!!

It's a mad mad world.