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DWP DMG points 20116 and 20120
Happy Friday! Can anyone confirm?
I have a client who was receiving IS as a lone parent. This has been stopped because son is aged 5 and she has been advised to make a claim for JSA.
The client is a full time carer for her son. She has made a DLA claim for her son, however has not yet had a decision.
I am reading the DWP DMG points 20116 and 20120.
Am i reading this right – Although client has not yet received a decision with regards to the DLA claim, can she still claim IS as a carer until a decision is made?
Yes a carer can make a claim for income support, where the person cared for has claimed entitlement to DLA and awaiting a decision, but only for the period up to the date of the determination (of the DLA), or 26 weeks whichever is earlier.
Yes a carer can make a claim for income support, where the person cared for has claimed entitlement to DLA and awaiting a decision, but only for the period up to the date of the determination (of the DLA), or 26 weeks whichever is earlier.
Thanks Domino - Do you know if she will need to make a fresh claim for IS or should JCP continue to pay IS as a Carer, she was receiving IS as a lone parent but they have stopped it.
If a person was getting IS on the basis that they fit into one of the groups of people who can claim (e.g. lone parent with a child under 5), and then they no longer meet the criteria, then if they fit into any of the other groups who can claim (e.g. carer), then their IS is continuous. [see top of page 347 of CPAG and they quote the following case in the footnote: R(IS) 10/05, which I’ve not had a chance to read].
However, I understood from your first post that the claim had stopped, in which she case she may need to make a fresh claim and appeal the decision to stop the claim if she was entitled as a carer at the date the claim was terminated.
If a person was getting IS on the basis that they fit into one of the groups of people who can claim (e.g. lone parent with a child under 5), and then they no longer meet the criteria, then if they fit into any of the other groups who can claim (e.g. carer), then their IS is continuous. [see top of page 347 of CPAG and they quote the following case in the footnote: R(IS) 10/05, which I’ve not had a chance to read].
However, I understood from your first post that the claim had stopped, in which she case she may need to make a fresh claim and appeal the decision to stop the claim if she was entitled as a carer at the date the claim was terminated.
Thanks Domino, yes she was claiming as a lone parent, but her claim was stopped. We are arguing that her claim should not have stopped because she is caring for her son and claim for DLA has been submitted. However, JCP are disagreeing with this and telling the client she needs to make a claim for JSA because a decision has not been made on the DLA claim and she is not claiming CA.
Thanks Domino, yes she was claiming as a lone parent, but her claim was stopped. We are arguing that her claim should not have stopped because she is caring for her son and claim for DLA has been submitted. However, JCP are disagreeing with this and telling the client she needs to make a claim for JSA because a decision has not been made on the DLA claim and she is not claiming CA.
The Carers Allowance issue is one that I have had a few times - I think they get confused between entitlement to basic Income Support (which doesn’t need you to be receiving, or have claimed, Carers Allowance) and entitlement to the Carer Premium (which does). The worrying thing is that this seems to be an error that is made when people are being advised verbally and so they never get a decision to appeal and any backdating is limited to 3 months