nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Income Support as a carer pending DLA supersession
Thu 24-Apr-08 11:18 AM |
I’m not aware of any case law on this point but my view is this. Paragraph 4(a)(iii) of schedule 1B of the IS Gen Regs states; “the person being cared for has claimed entitlement to a Disability Living Allowance….”. That is an interesting choice of words. Why not say “has claimed Disability Living Allowance”. I would argue that the words are wide enough to encompass a ‘claim’ for a higher rate.
Furthermore, the word claim is not defined in the IS Regs, the SS Act 1998 nor in the SSC&B Act. However, 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…..”
My argument would start there.
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