Client received written statement of reasons. Cites "You are claiming carers allowance for attending to bodily functions of another person. In accorandance with commissioner's decison CDLA/3027/2005 it is inconsistent to claim care needs for oneself if one attends to the care needs of another."
Client is able to summon help for her husband - for someone else to assist him with attending to his bodily function but she is with him 24/7 providing supervision and watching over. She does have mobility and care needs herself - any help very much appreciated.

I haven't been able to find a copy of CDLA/3027/2005 but the quote I've read is that the claimant's 'duties' as a carer were incompatible with HIS claimed needs.

The Commissioner's decision was probably made on the specific facts of the case. For example the claimant is cooking for the person they care for, then claims the main meal test in their own DLA claim. However even that may not be incompatible if the cooking they are actually doing is different from the main meal test - ready meals etc. The facts of each case have to be looked at.

There is no rule in the legislation or in any case law I've read that a CA claim is not compatible with DLA/AA. The decision needs to be appealed in my opinion.

David

Could you elaborate more? What do you mean “statement of reasons”? I have not come across this decision before and if it did say what the DWP is saying it says then I and others would certainly be aware of it and someone would have raised it on this site. It is not even cited in the commentary to the DLA or CA Regs.

I would, therefore, be absolutely amazed if it was authority for the proposition claimed. There is no reason at all why a person cannot get both DLA and CA (many people already do and its common knowledge and practice). It happens when the carer’s activities do not conflict with their own level of disability and is perfectly legitimate.

A commissioner would be quite right to point out in a given case that it would be a legitimate investigation to look into a person’s situation where there was information to suggest that the carer’s activities might conflict with their own stated level of disability. That would be a matter of the individual facts of that case and is an entirely different thing altogether than a general proposition of law.

Thanks for your replies David and Nevpip. I have searched also and haven't been able to find anything at all. Just got me a little worried. Re written statement of reasons, when intially refused received the "standard" letter with no reasons why refused. Telephoned and requested reasons why and this is what we received - a paragraph below each care and mobility component with one citing CDLA/3027/2005.
Thanks for help just needed reassurance I hadn't missed anything - and in this case I agree - my client's activities do not conflict with her own level of disability.

that's rich of the same DWP who tell me that they don't rely on anything except reported ecisions as commissioners decisions unless reported don't create law....

and i can't find that either; the only decision that comes up on the commisioner's website with the number 3027 in it is CJSA 3027 2002, which is on residence and presence conditions....

press on ...

I googled it and up came a 'Benefits and Work' paper with a list of Decision Makers Exchange Issues extracts.

The relevant one appeared to be issue 61 Feb 2006 extract 'Claimant acting themselves as carer' "A recent Commissioners Decision - CDLA/3027/2005 held that the fact that the claimant was his wife's main carer day and night, was inconsistent with his own claimed care needs".

Mmmmmmm perhaps the DM in this instance has read and interpreted issue 61 Feb 2006 decision makers exchange in a very blanket all encompassing way.