Carers Allowance

calcotti

poppy12345 said: If your brother was claiming the severe disability premium in with his ESA and he had to claim UC then he would have been entitled to the SDP transitional protection providing he claimed UC within 1 month of his ESA ending and he continued to satisfy the conditions to claim the SDP.

If a person then claimed Carers allowance for looking after him then the SDP transitional protection will end. If no transitional protection was in payment then a claim for carers allowance will not affect your brothers UC.

Curiously I don't think the SDP transitional protection would end if someone else then started claiming Carer’s Allowance. The test for awarding the SDP transitional element is made at the start of the UC claim. Thereafter, even if the claimant would no longer meet the conditions for SDP on the legacy benefit, the transitional element, to the best of my knowledge, continues.

poppy12345

calcotti said:

poppy12345 said: If your brother was claiming the severe disability premium in with his ESA and he had to claim UC then he would have been entitled to the SDP transitional protection providing he claimed UC within 1 month of his ESA ending and he continued to satisfy the conditions to claim the SDP.

If a person then claimed Carers allowance for looking after him then the SDP transitional protection will end. If no transitional protection was in payment then a claim for carers allowance will not affect your brothers UC.

Curiously I don't think the SDP transitional protection would end if someone else then started claiming Carer’s Allowance. The test for awarding the SDP transitional element is made at the start of the UC claim. Thereafter, even if the claimant would no longer meet the conditions for SDP on the legacy benefit, the transitional element, to the best of my knowledge, continues.

I'm fairly sure i read that it doesn't continue in this instance, although happy to be proved wrong here.

calcotti

poppy12345 said:

calcotti said:

poppy12345 said: If your brother was claiming the severe disability premium in with his ESA and he had to claim UC then he would have been entitled to the SDP transitional protection providing he claimed UC within 1 month of his ESA ending and he continued to satisfy the conditions to claim the SDP.

If a person then claimed Carers allowance for looking after him then the SDP transitional protection will end. If no transitional protection was in payment then a claim for carers allowance will not affect your brothers UC.

Curiously I don't think the SDP transitional protection would end if someone else then started claiming Carer’s Allowance. The test for awarding the SDP transitional element is made at the start of the UC claim. Thereafter, even if the claimant would no longer meet the conditions for SDP on the legacy benefit, the transitional element, to the best of my knowledge, continues.

I'm fairly sure i read that it doesn't continue in this instance, although happy to be proved wrong here.

I can’t find anything to suggest that,

Ferboz

As far as i know my sister does not get SDP.... the last thing we want is to reduce her benefits. if you think things will change for her, then we will not try & claim, as she is the most important factor in all of these enquiries. Its really what's best for her...which we feel is my husband providing the extra care that my parents are not able to do. That will not change if there is no chance of CA being paid. 
i went to turn 2 to check on entitlement & it said that my husband could get CA,,and mentioned council tax reduction/ SDP as a reason it may affect my sister... My parents do get a reduction of CT due to a 'disregard ' but not SDP. I maybe wrong, but i was reading this as my sister living alone to claim CT & SDP. 

poppy12345

calcotti said:

poppy12345 said:

calcotti said:

poppy12345 said: If your brother was claiming the severe disability premium in with his ESA and he had to claim UC then he would have been entitled to the SDP transitional protection providing he claimed UC within 1 month of his ESA ending and he continued to satisfy the conditions to claim the SDP.

If a person then claimed Carers allowance for looking after him then the SDP transitional protection will end. If no transitional protection was in payment then a claim for carers allowance will not affect your brothers UC.

Curiously I don't think the SDP transitional protection would end if someone else then started claiming Carer’s Allowance. The test for awarding the SDP transitional element is made at the start of the UC claim. Thereafter, even if the claimant would no longer meet the conditions for SDP on the legacy benefit, the transitional element, to the best of my knowledge, continues.

I'm fairly sure i read that it doesn't continue in this instance, although happy to be proved wrong here.

I can’t find anything to suggest that,

I can't find what i read so can't provide a link either. It's possible that i read something completely different as it wasn't recently that i read it.

poppy12345

Ferboz said:

As far as i know my sister does not get SDP.... the last thing we want is to reduce her benefits. if you think things will change for her, then we will not try & claim, as she is the most important factor in all of these enquiries. Its really what's best for her...which we feel is my husband providing the extra care that my parents are not able to do. That will not change if there is no chance of CA being paid. 
i went to turn 2 to check on entitlement & it said that my husband could get CA,,and mentioned council tax reduction/ SDP as a reason it may affect my sister... My parents do get a reduction of CT due to a 'disregard ' but not SDP. I maybe wrong, but i was reading this as my sister living alone to claim CT & SDP. 

Your sister does not claim the SDP because she's living with your parents. For her to be eligible for this then all the adults in the house would need to be claiming a qualifying disability benefit such as PIP daily living/DLA mid/high rate care or Attendance Allowance, or be registered blind.

As you've confirned that the only thing they claim is their state pension then your husband claiming Carers allowance for looking after her will not affect any of their benefits.

Ferboz

poppy12345 said:

Ferboz said:

As far as i know my sister does not get SDP.... the last thing we want is to reduce her benefits. if you think things will change for her, then we will not try & claim, as she is the most important factor in all of these enquiries. Its really what's best for her...which we feel is my husband providing the extra care that my parents are not able to do. That will not change if there is no chance of CA being paid. 
i went to turn 2 to check on entitlement & it said that my husband could get CA,,and mentioned council tax reduction/ SDP as a reason it may affect my sister... My parents do get a reduction of CT due to a 'disregard ' but not SDP. I maybe wrong, but i was reading this as my sister living alone to claim CT & SDP. 

Your sister does not claim the SDP because she's living with your parents. For her to be eligible for this then all the adults in the house would need to be claiming a qualifying disability benefit such as PIP daily living/DLA mid/high rate care or Attendance Allowance, or be registered blind.

As you've confirned that the only thing they claim is their state pension then your husband claiming Carers allowance for looking after her will not affect any of their benefits.

Thank you so much Poppy12345 for clarifying! I think its worth my husband making a claim & seeing what happens after that. 

Ferboz

Just an update. Today we heard from Carers, and after a few calls, my mum was told that she needs to check with her council regarding her council tax reduction, as they were not sure if my husbands claim would affect entitlement.This is because my sister being severely mentally impaired. I also think it is reduced due to my mum being her primary carer...although as stated she is unpaid due to being a pensioner. Does anyone have any idea as to whether my husband receiving carers would 'remove' my parents reduction. As i try & work it out, i read that as long as my sister remains living with my parents & her condition doesnt change , the entitlement won't change either. Maybe my mum is an 'underlying carer' as she is the primary carer,  but again she is unpaid...and they have no additional benefits whatsoever, inc no pension credit. Hopefully someone understands a lot more than me. Thank you