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Severe Disability Premium and NHS Continuing Health Care
IS Regs, Reg 3 states that:
Definition of non-dependant
3.—(1) In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.
(2) This paragraph applies to—
(e)a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the claimant or his partner for the services provided by that person.
Is a live in carer funded by NHS continuing health care classed as a non dependant. If they are classed as a non dependant is this because they are not engaged by a charitable or voluntary body and/or because a charge is not made to the claimant.
Thanks in advance.
From reading the regulation it would appear to be on both the grounds that you have suggested that your clients case for SDP would fail.