I wonder if anyone has any ideas about my problem, i cant seem to get my head around it.

Client claimed IS last year as a carer for her partner who is in receipt of MRCC and HRMC indefinately. They have 4 children. At time he had his leg amputated and she was caring for him. Advises that at the time she was not told she had to apply for Carers Allowance.

Partner is in receipt of IB but only £98.45/wk as far as i can work out so this is less than their AA if you include the Disability Premium.

IS have now cancelled claim and raised o/p for entire period she was paid IS.

IS have said the reason for cancellation and o/p is because she did not claim CA. I have been unable to get the same confirmation from IS but going on this is this correct? I've read that you can get IS as a carer if you are caring for someone in receipt of MRCC even if you are not necessarily getting CA.

Client has now claimed CA and got it backdated but this still leaves her between May 07 and Nov 07 without either CA or IS and an o/p.

Any thoughts please would be very welcome, thank you

Oh Dear! They really shouldn’t be allowed out. There is no requirement to be in receipt of CA although that is a separate route of qualification.

To be substantially and regularly caring for someone in receipt of middle rate care is sufficient (paragraph 4(a)(i) of the IS Gen Regs 1987). And, for good measure, for IS there is no 35 hour rule either.

That should read paragraph 4 of schedule 1B.

Thank you thats very helpful, I shall go ahead and appeal now