child 16 DLA/CA IS ceased

just had a call from tenant
her daugher turned 16 in November and applied for PiP; her PiP appoointment isnt until 10/03/2015.

They h ave stopped IS/CA and disabled eliment of tax credits.
Can she reclaim CA and IS pending PiP decision.
l

Do you know why her previous payments of DLA have ceased?

Someone who is regularly and substantially caring for a person who has claimed PIP can get IS for up to 26 weeks, or the determination of the PIP claim, whichever comes first. In addition, if the PIP claim is not determined within 26 weeks, the person can continue to claim IS as a carer for a further 8 weeks, in the same way as someone whose entitlement to CA has ceased. That said, in a case I had last year the DWP simply refused to pay IS becuase CA wasn’t in payment, completely ignoring the other provisions of paragraph 4 of Schedule 1B, and it took several months to get the favourable MR carried out

However, a claim for CA will not succeed until the PIP claim is decided, and then only if Daily Living component awarded. The CA claim can be “backdated” to the start of the PIP award

DLA stopped as child turned 16, she applied for PiP and is awaiting the decision.
IS last paid November,

If the claim for PIP was invited when the child came to 16, payments of DLA should continue at the same rate until PIP claim is decided, as I understand it. I would check whether or not your client failed to submit a renewal DLA claim (if that was appropriate at that time), or failed to take up the initial inviatation to claim PIP

if she failed will she still be able to apply for IS/CA pending new decision.
I am trying to deal with this in between appointments as I only work here 1 day per week and I am fully booked this and next week.

thanks

Yes, no problem in principal - I had exactly that scenario last year. As I said in earlier post, problem can be that DWP do not always know the full options to claim as a “carer”, but legally she should be fine