Income support/Lone Parents.

sharski

Hi SuziQ,

You don't need to claim CA to be exempt from the changes - if your child is entitled to middle or high rate care component of DLA, your IS will be automatically protected & you will remiain on IS.

However, I know this seems a long time away but... you may want to think about claiming CA in the future as your IS will only be paid until your youngest is 16. Once 16, you will need another 'entitlement' to IS, thus claiming CA will give you this automatcially.

HTH...

von

Following the introduction of the Lone Parent Obligations i.e. where the age of the child affects which benefit is payable, I don't think that your advice is strictly correct sharski.

sharski

Von...

My advice is spot on, I'm afraid!!
LPO is what I do 5 days a week!!!

Which part are you questioning????

If a LP has a chil IRO middle or high rate care DLA, they are, indeed, exempt from 'switching' from IS.
And as I also mentioned, this eligibility to IS is only protected until the youngest is 16.. just like the good ol' days.. and that's why I suggested claiming CA at some stage.

Without blowing my trumpet, what I don't know about LPO, ain't worth knowing!!

von

I assume that you are referring to this condition of entitlement that the OP is regularly and substantially caring for another person and that person is in receipt of DLA at the highest or middle rate.

If that is the case (and the OP is not claiming/receiving Carers Allowance) then it is up to the Decision Maker to decide if the OP satisfies the criteria of 'regularly and substantially caring' - which presumably the OP would but that would be for a DM to decide not the LP switcher, she is not automatically protected as afr as I am aware.
Also the DM would want to know why the OP was not claiming Carers Allowance as they may consider CA as a notional income.
If the OP claimed Carers Allowance her entitlement to Income Support would continue until 8 weeks entitlement to CA ceases.

dookar

von wrote: »

I assume that you are referring to this condition of entitlement that the OP is regularly and substantially caring for another person and that person is in receipt of DLA at the highest or middle rate.

I don't pretend to have sharski's level of knowledge on this subject, but for lone parents of a disabled child, the age of the child is still 16. They can still claim* as a lone parent.

*that's really lazy language, sorry.

sharski

Without being pedantic... here is a basic link which confirms what I am saying.

'Who will the changes affect?' - the first bullet point.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_175842

It has got nothing.. I repeat.. nothing to do with a DM.

You may think I'm being arsey but... I AM CORRECT!!!!!!!

von

This must have been brought in specifically for the Lone Parent Obligation regime then because according to Income Support legislation this is not a specific condition of entitlement to Income Support.

sharski

Von.. you're right - it usually isn't an entitlement to IS & you would normally have to claim a secondary benefit such as CA.

But, yes, under LPO, the rules have slightly changed to allow LPs to remain on IS without claiming CA - no wonder it gets confusing!!!

The govn'ment like to confuse people, methinks!! :rotfl:

von

Hi sharski,

You're telling me! it's amazing how they can bring in changes and conveniently forget that the legislation hasn't actually been changed! From what you say I think we work for the same organisation but I work on the other side - if you get my drift - so best wishes and no hard feelings x