Can a person claim IS as a carer pending a DLA decision for the person for whom they are caring when the decision that is pending is one for a review of a current award?

Currently the disabled person is receiving LRC but is applying for a review as they consider their condition has deteriorated. The carer is on a new deal scheme but finding it difficult to juggle her caring responsibilities and the demands of the training she is undertaking. Could she claim IS in the usual way for up to 26 weeks (or until the DLA decision is made)?

Ta

I would say so. Sch.1A, para.4 (a)(iii) reads .."a person who has claimed enetitlement to a disability living allowance" ... That slightly odd wording seems broad enough to cover a review request.

Richard Atkinson

I would agree. Reg 2(1) of the Claims and Payment Regs 1987 (interpretation) states “claim for benefit includes an application for a revision under section 9 of the Social Security Act 1998 or a supersession under section 10 of that Act…..”

Thanks, fellas

I'd be cautious about this one.

Reg 2(1) of the Claims and Payments Regs states that a claim for benefit includes "an application for a revision ... or supersession of ...a decision for the purpose of obtaining any increase of benefit ..." and then goes on to list various benefits but notably not AA or DLA. The clause finishes "... but does not include any other application for a revision or supersession".

Unfortunately, as we discovered to our cost at a tribunal recently, this explicitly precludes entitlement in the circumstances you describe.

Hmmm. Thanks for the input. I'll have to see what my client wants to do.