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Can someone please refresh my memory regarding premiums!!

CAH-Adviser
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Havering Citizens Advice

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Client is a member of a couple (under 60) receiving ESA (Support Group), with enhanced premium.

If both are both receiving at least a middle rate care of DLA, are they still entitled to an SDP if they both claim CA for looking after each other?  Actually I think it’s coming back to me now…

Am I right in saying that they will not be entitled to the SDP because they will receive an actual award of CA?  However, if they do not claim CA they will be entitled to the SDP, can one of them claim CA and still be entitled to the SDP??…I know that over 60’s can claim both SDP and receive 2 Carers Premiums…

It’s so long since I have done a calculation of this sort, sorry for my ramblings…but can someone refresh my memory??

I think I am right in saying that one of the couple can claim CA and they will still receive an SDP…aaarrggh I’m going round in circles!!!

Helllp!

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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SDP is not payable if the other partner is in RECEIPT of CA.  The one on ESA could get underlying entitlement (ESA overlaps with CA and is paid at a higher rate) so that the partner could get SDP as no-one is RECEIVING CA for looking after him/her.  If partner is actually paid CA for looking after the one on ESA, no SDP will be payable for the ESA claimant.  They would each get a carer premium, assuming they are both capable of providing 35 hours’ care a week.

If neither partner actually RECEIVES CA, they would each be entitled to SDP as well as carer premium,

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anned - 05 May 2011 11:10 AM

SDP is not payable if the other partner is in RECEIPT of CA.  The one on ESA could get underlying entitlement (ESA overlaps with CA and is paid at a higher rate) so that the partner could get SDP as no-one is RECEIVING CA for looking after him/her.  If partner is actually paid CA for looking after the one on ESA, no SDP will be payable for the ESA claimant.  They would each get a carer premium, assuming they are both capable of providing 35 hours’ care a week.

If neither partner actually RECEIVES CA, they would each be entitled to SDP as well as carer premium,

Thank you.

Think I have this right…So the main claimant of ESA can claim CA for looking after his partner but will only receive an underlying entitlement to CA, providing a Carers Premium, but the will still qualify for an SDP (couple rate)?

Sorry do not know what’s up with my brain today…benefit overload

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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SDP would be paid at single rate only.  There is not really a couple rate for SDP; each member of a couple may be entitled to SDP for a single person.  In the case you have, the SDP would be paid at the single rate, as only one member of the couple qualifies.  See Advisernet 9.7.0.0   paras 55-56.

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anned - 05 May 2011 11:42 AM

SDP would be paid at single rate only.  There is not really a couple rate for SDP; each member of a couple may be entitled to SDP for a single person.  In the case you have, the SDP would be paid at the single rate, as only one member of the couple qualifies.  See Advisernet 9.7.0.0   paras 55-56.

Thank you so much for your help, i think from what you are saying they would be better off not claiming CA in order for an SDP to be paid to both of them.

Thanks once again for your time.

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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They could get 2 SDPs and 1 carer premium if only the ESA claimant claimed CA (underlying entitlement only).

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anned - 05 May 2011 11:59 AM

They could get 2 SDPs and 1 carer premium if only the ESA claimant claimed CA (underlying entitlement only).

If client was receiving ESA (CB) then he would automatically receive an underlying entitlement to CA, however he is receiving ESA (IB) therefore he would receive an actual payment of CA. 

So if the ESA claimant makes a claim for CA he will receive an actual payment of CA, so they will receive 1 x SDP and 1 x Carers premium + carers allowance payment.

From what I can work out they would be better off just receiving 2 x SDP’s

Oh dear, I have a feeling your going to tell me to do one in a minute!! Lol Sorry!!

Seriously thanks for your help I think I have now worked out the best possible route for them with regards to maximising their income.

I hope!

disgustedofbridport
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I think you’re right: neither should apply for CA and then they should both get SDPs. It’s in CPAG Welfare Benefits & TCs Handbook P.800-802.