At Long Last - Middle rate care

Patrick47_2

Hi All

I'm hoping some expert out there can give me some advice in relation to Carer's Allowance. I applied for and received with the help of a brilliant Welfare Rights Worker middle rate care and low rate mobility which I am more than thankful for.

I have a tennant (now friend) who lives with me under the rent to room scheme (Housing benefit).

If that person is looking after me for atleast 35 hours per week can they claim carer's allowance even though they our living in my house and paying me rent through the rent a room scheme.

Any advice would be very much appreciated.

Regards

Ted_Hutchinson

Providing the other criteria are met DWP - Carers Allowance in particular your tenant needs to earning, after certain deductions, no more than £84 a week.
You also need to check that this new Middle Rate of care doesn't affect your entitlement to Severe Disability Premium the criteria for which are
Severe Disability Premium

You or your partner must satisfy all of the following:

• be receiving the care component of Disability Living Allowance (middle or higher rate) or Attendance Allowance
• live alone (there are exceptions to this rule)
• no one else gets Carer's Allowance for looking after you

You can see from this that if your tenant claims CA you will lose SDP, that is if having your tenant doesn't in itself (in that you may not be now considered to be living alone) disqualify you from getting SDP.

Patrick47_2

Thanks for the advice Ted, however I've never heard of Severe Disability Premium and would be grateful if you could please explain what this is, how do you claim it and what is the criteria.

Regards

Don

Ted_Hutchinson

Patrick47 wrote:

Thanks for the advice Ted, however I've never heard of Severe Disability Premium and would be grateful if you could please explain what this is, how do you claim it and what is the criteria.

It's part of the means tested Income Support Housing Benefit Council Tax Benefit provisions. If you are not eligible for means tested benefits (because you are working) then it's irrelevant to you and your tenant can claim CA without it affecting your income at all.
If you previously applied for IS HB CTB and were borderline then it may be worth checking again Entitled To as you may find that having DLA middle rate care and this new underlying entitlement to SDP means you now cross the means tested benefit threshold. Clearly if you've more than the Upper Capital Limit £16,000 seeSocial Security Benefit Rates means tested benefits will not be applicable anyway.

Patrick47_2

Ted - Once again thanks for clearing that up for me. I do work and therefore would not be able to claim Income Support etc etc nor SDP. Is it still OK for my tennant to claim Carer's allowance without it effecting the rental income I receive from the Rent a Room Scheme.

Again Many Thanks

Don

Turning_into_scrooge

Ted_Hutchinson wrote:

It's part of the means tested Income Support Housing Benefit Council Tax Benefit provisions. If you are not eligible for means tested benefits (because you are working) then it's irrelevant to you and your tenant can claim CA without it affecting your income at all.
If you previously applied for IS HB CTB and were borderline then it may be worth checking again Entitled To as you may find that having DLA middle rate care and this new underlying entitlement to SDP means you now cross the means tested benefit threshold. Clearly if you've more than the Upper Capital Limit £16,000 seeSocial Security Benefit Rates means tested benefits will not be applicable anyway.

Sorry Ted i'm really confused. I thought the disabillity benefit wasn't included in income support? or have i misunderstood it?

Ted_Hutchinson

Turning_into_scrooge wrote:

Sorry Ted i'm really confused. I thought the disabillity benefit wasn't included in income support? or have i misunderstood it?

Disability Living Allowance isn't included in income support as income so there are no adverse consequences of getting DLA impacting on IS.
There are ways in which a new DLA award can benefiicially affect an existing IS award or enhance the possibility of means tested benefits with people near the Applicable Amount threshold. These are set out at the Disability Alliance rules for income support where it discusses premiums.

The point I was trying to explain was that one of these IS premiums Severe Disability Premium depends on NO CLAIM for CA existing, so if that claimant was able to claim IS he would lose out by £46.75 not getting SDP if his tenant claims and gets £46.95 Carer's Allowance. Before anyone claims CA they must check how this will affect the Disabled persons own benefits.

Turning_into_scrooge

Thank you for explaining that, i find the benefits system total confusion.