Visited cl with terminal illness to complete DLA to find she is in receipt of Widows Parents Allowance,Child Tax Credit, has disabled son on MRC and is his carer, but no IS which she should have had since last April.
Rang CA to find cl has had entitlement to carers allowance since 1996. Firstly for husband who passed away Feb 07 then, after 8 week run on to April 07, she switched carer claim to son. No break in entitlement.
Problem is cl was in receipt of IS up to April 07 and then cl informed by BA she was over limit by 45p for IS. Cl did not realise no one has ever taken new claim for CA into account.
I want to ask for continuation of original claim because of official error. But who's error is it? and how do I go about it?
CA obviously informed IS that entitlement to premium had ended Apr 07, but then did not inform them of entitlement continuation. It may be that CA was not applied for immediately, cl says she was in a mess at the time and cant remember, and then it was backdated.
Have made new claim for IS and requested backdating in the event we have no case.
Thank you. Carole.

I think you'll find the April 07 IS decision was correct. WMA was then £84.25, IS with carer premium £83.80, so 45p over as stated. So on the face of it, it was award of WMA that took her off IS, not failure to award CP. At 07-8 rates she is still £1 over IS level, on facts given. Different if and when she gets DLA herself of course.

Richard Atkinson

Sorry I should have mentioned cl gets reduced WPA and this with carer premium means Income Support entitlement is £11.39per week.

Carole.

Had good result and wanted to share it with you.
Submitted letter with new claim requesting they consider the claim as a continuation of previous claim from April 07 outlining the errors made and misinformation given to cl at the time. Cl has just gained backdating to April 07 without any further arguements. A fair decision from a good decision maker.