Income Support for a Carer

Hello
I have a 38 year old client who is caring for her 9 year old son. The child has a severe bone marrow condition and has been awarded low rate care and high rate mobility DLA. An MR was submitted and decision upheld. I have just taken case on and submitted an appeal. He has permanent significant continous care needs far beyond that of a typical 9 year old.
She is a single parent with no other children.
The mother is on unpaid leave from work. She is not signed off work and can not get a sick note for herself.
She currently has no income and wants to claim IS. Does anyone have any advice on claiming IS as a carer if CA is not in place and currently not possible due to DLA award?

Thanks

Yes, I’ve seen that para on ‘temporary illness’. I was a little concerned about arguing it is a temporary illness when the illness is a permanent one and that is stated in the DLA application and appeal. Seems a bit contradictary to argue permanent on the one hand and temporary for the IS claim. We know his care needs are significant and long term.
Have you done this before?
Thank you for taking the time to post :0)

Claire, does IS Regs, Sch 1B para 14A help? Only a temporary answer though (13 weeks)

Obviously I don;t know the details but I agree with andyp4 - we get this all the time at Great Ormond Street and I think other advice services in health settings are probably very familiar with the problem. We have clients whose kids, e.g., are on the waiting list for hearts, under-going BMTs, have cancer… The DWP rejects these cases virtually every time and we challenge and win all of them, usually very quickly.

We have the DWP’s own internal memo and their DMA legal advice that I can send you if you want.

Yes please, if you could send that to me I would appreciate it.

We don’t know the long term outcome or prognosis for the son. I feel very confident that the DWP decison is wrong and will be increased at appeal. But in the meantime, I want to sort income for the mother. Have you had similar cases where you have successfully applied for IS for a carer who can not apply for CA?

Thank you

If there’s an appeal ongoing then arguably the DLA claim is not yet “determined” so para 4(a)(ii) Sch 1B IS regs might still bite. Admittedly that may be controversial and if there’s an easier route probably best to take it.

I had a case at BTU discussing when the claim/appeal is “determined” but I can’t hunt down the caselaw I found although I can remember it was UTJ Mark who made the decision that smoothed the path to the UT. The case didn’t resolve before I left that fold and likely the client ceased to instruct.

I agree entirely with Andy’s comments above; the gatekeepers are a nightmare if CA isn’t in payment! If I’m doind a temp carer IS claim I make sure to make the call myself these days.

Claire Knowles - 18 February 2015 09:05 AM

Yes please, if you could send that to me I would appreciate it.

We don’t know the long term outcome or prognosis for the son. I feel very confident that the DWP decison is wrong and will be increased at appeal. But in the meantime, I want to sort income for the mother. Have you had similar cases where you have successfully applied for IS for a carer who can not apply for CA?

Thank you

The para 3 route is entirely separate from the others, so yes, but often with andy’s caveat.

Do you want to send me your e-mail and I’ll send it over?

Just an aside - but with the new rightsnet if you want to send a direct message to someone that has posted just click on the ‘send message’ link on the left - you will get an email to say if you get a reply and also it will show that you have a message waiting in the top bar :)

Sorry, I’ve just realised you can also send messages with attachments… new things every day.

Edit: that didn’t work - there’s some kind of problem. Will have to send by e-mail.

Have a customer who after his wife was awarded PIP., claimed Carer’s Allowance and we advised to claim Income Support rather than claim through ESA. Had to attend JCP., asked how many hours he cared for his wife, he said it varied but certainly met the 35 hours required. Was advised they would put it down as every morning and he would have to consider looking for a job for the free afternoons he has.  Is being asked to attend JCP every week. Has now been awarded PIP himself, JCP have suggested he claims ESA but they are better of claiming via IS.  His wife is now in the process of claiming Carer’s Allowance…..we await what happens next.  Was told that ‘they’ are clamping down on carers.

Look at CPAG 2014-15 page 29.  I don’t know the Regs. but that says quite clearly it is possible to get IS as a carer without getting CA - even if someone else is getting CA for the same person.

I have a case - very severely disabled young person (DLA HRM & HRC) who needs 24 hour care.  The mother gets IS & the father (who is the mother’s ex-partner who is living in the locality but away from the family) gets CA.  This situation has continued for many years.

See the footnote at end of first sentence under “Carers” section Derek, which is no.13 so move to page 43, this takes you to paragraphs 4-6 of Schedule 1B of the IS Regs 1987 and this shows the conditions for claiming IS as a carer.