Claiming Carers Allowance whilst patient in hospital.

My client was caring for their wife. Mrs claimed AA and was awarded. 2 days after claiming she went into hospital. Mr claimed Carers Allowance starting 2 days AFTER she entered the hospital. CA was awarded. Mrs came out of hospital and DWP are saying there was an overpayment of CA for period Mrs was in hospital. Mr says he met the criteria because he carried on caring for her when she was is hospital.
Does he have a case?
Is it worth appealing?
Thanks Mark

Mrs would be OK to claim AA for 4 weeks after going into hospital, so CA would be payable for the same 4 weeks. Any AA or CA paid after being in hospital for more than 4 weeks in an overpayment. Mr can’t be said to be caring for her in hospital (after 4 weeks inside).

I have successfully argued that someone was still providing 35 hours plus care even when the person they care for is in hospital. I did look and could find nothing excluding this.  I went into the details of the care provided for good measure and it worked. 

Alternatively, was your client providing the 35 hours plus a week care in the 22 weeks before his wife went to hospital.  If so he may be allowed to have up to a 4 week break in caring and still be entitled to the Carer’s Allowance.  Care provided before the AA award still counts.

Thank you both. I couldn’t find anything excluding it either. I can now appeal with some confidence.