Hi every one, seasons greetings to you all. I need your help with this case. I have assisted some one to claim DLA and was awarded HI both mob/care. However, the care was not paid as she is in a care home partially funded by the Local Authority. Please advise me if she will qualify for SDP. Is the a such thing as underlying entitlement to DLA CAre component(mid/hi). According to the Dis.Rights H/Book pg17 one of the qualifying conditions for SDP is You must get DLA MID/HI care. Does this mean one has to physically be in receipt of the above qualifying benefits.

Thanking in advance for your assistance and look forward to hearing from any one.

You have to actually be getting paid the DLA care/AA to qualify for the SDP. The DLA care/AA remains dormant until such time as your client leaves care and returns to the general community, at which time they or their appointee just need to notify the DBU to get payment of that benefit restarted, and if at that point they count as "living alone" and don't have a carer they should qualify for the SDP.

...Unless, that is, someone knows of an interesting Commissioners decision on this...?

Happy New Year.

Hi the relevant regulation is found in paragraph 1 (1) (a) (i) of Schedule 1 of the State Pension Credit Regulations 2002 which says that "he is in receipt of...."