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Care component of DLA for carer?
Got a hearing coming up for a client who is rather prickly and argumentative - not surprising considering the extent of his health issues. He has extremely poor mobility and needs continuous care from his wife. Unfortunately he seems to have p***ed off the DLA decision maker who dealt with his renewal claim, by writing several letters complaining about delays, poor grammar, misspelling of his name etc. He had all DLA withdrawn, and despite copious medical evidence to support him we now have to attend a tribunal. I am trying to prepare a water tight case, as this guy is his own worst enemy and will almost certainly lose any goodwill from the panel within minutes. Got most things covered, but one part of DWP sub is that he should not get care component as he receives underlying entitlement to CA for his wife, citing R(A)4/94. I’m sure there must be newer caselaw on the subject, but I can’t find any. I have many couples as clients, who care for each other and both receive CA. I’m sure this would not be the case if nothing further had been said. Can anyone help me please?
This might sound simplistic but you just need to argue on the facts. That is the type of caring he does is not incompatible with any mobility problems or care needs that he has. An obvious example would be a person who prepares oven ready meals for his partner could still pass the main meal test as this involves tasks such as chopping or peeling.
see CDLA 3027 2005 which is on rightsnet site
If his health conditions give rise to his temper might it not be a good thing that this comes out in the hearing? The tribunal may take it as meaning he cannot even in that context control his health problems and be an belligerent but nonetheless seriously ill person. A reasonable tribunal should be able to deal with it.
P.s. we have lot’s of clients, mainly 65+ though, who get both higher rate AA and CA for looking after each other.
Thanks for all your contributions. Got them coming in in a minute, so will get statement from him of all he does for his wife - already got hers on him. Tribunal on 21st will let you know how we get on. x