A colleague of mine mentioned that in some circumstances a carer can retain their entitlement to CA indefinitely after the death of the person for whom they were caring. I can't find anything to support this as only the usual 8 week continuation is mentioned.

Could someone please confirm whether or not this provision actually exists and if so, point me in the right direction.

Thanks

Provision does exist. Look up Adviser Net. 9.12.20.4. para's. 10-12.

I'd be very interested to see the legislation that this is based on as the SSCBA seems unequivocal that it's 8 weeks maximum.

70 - 1(1A) A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until–

(a) the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or

(b) the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),

whichever occurs first.

Sorry, I'm not an AdviserNet user. I did some more digging and found that it will continue to be paid indefinitely if the claimant was over 65 and was entitled to ICA on 27/10/2002. Is that also what it says on AdviserNet?

Have a look at paragraphs 10A and 11A of the ICA Regs and the commentary to the now repealed sub-sections 5 and 6 of section 70 of the SSC&B Act 1992.

Article 4 of the Regulatory Reform (Carers Allowance) Order 2002 states: -

“Notwithstanding the repeal of subsection (6) of section 70 of the 1992 Act, a person who had attained the age of 65 and was entitled to an allowance under that section immediately before 28th October 2002 shall continue to be so entitled, notwithstanding that he is not caring for a severely disabled person or no longer satisfies the requirements of subsection (1)(a) or (b) of that section, for as long as he continues to satisfy the other requirements for entitlement to the allowance specified in or under that section”.

Thanks.

Wed 11-Jun-08 11:46 AM by Owdhamer

Ste - in a nutshell that is how it reads on advisernet and also as it is stated in DRH 33rd edition page 147

if a client was entitled to carer's allowance and was aged 65 or over immediately before 28 October 2002, s/he can continue to receive carer's allowance indefinitely.

Ha! Well spotted, I'm obviously not paying enough attention to our own handbook