Carers allowance allowable expenses

poppy12345

calcotti said:

Alice_Holt said:

   If she is getting the SDP increase to her PCI'd be inclined to:
 - ring CA and terminate your CA claim,
 - notify UC of your caring responsibilities and get the carer's element paid on your joint UC claim.

I’m rather shocked that the DisabilityRights page you linked to doesn’t say this.

Entitled to doesn't mention carers element either, which i find shocking. https://www.entitledto.co.uk/help/severe-disability-premium

poppy12345

calcotti said:

Alice_Holt said:

   If she is getting the SDP increase to her PCI'd be inclined to:
 - ring CA and terminate your CA claim,
 - notify UC of your caring responsibilities and get the carer's element paid on your joint UC claim.

I’m rather shocked that the DisabilityRights page you linked to doesn’t say this.

Entitled to doesn't mention carers element either, which i find shocking. https://www.entitledto.co.uk/help/severe-disability-premium

calcotti

I’ve just sent Disability Rights feedback and messaged entitledto.

The legislation is clear
https://www.legislation.gov.uk/uksi/2002/1792/schedule/I

Severe disablement
1.—(1) For the purposes of regulation 6(4) (additional amounts for persons severely disabled), the claimant is to be treated as being severely disabled if, and only if—
(a) in the case of a claimant who has no partner—
(i) he is in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] or armed forces independence payment]; and
(ii) no person who has attained the age of 18 is normally residing with the claimant, nor is the claimant normally residing with such a person, other than a person to whom paragraph 2 applies; and
(iii) no person is entitled to and in receipt of an allowance under section 70 of the 1992 Act (carer’s allowance]), or has an award of universal credit which includes the carer element, in respect of caring for him;

calcotti

Cheryl2022 said:

.. they backdate the termination of her SDP, its so unfortunate that you have to juggle the care you can provide against finances, it feels like you get given something with one hand and taken away with the other :

If you have backdated the CA claim then the withdrawal of the SDP will also be backdated. If the CA claim has not yet been processed you can ring and withdraw the claim. You can then work out how all the finances interact before deciding whether or not to claim the carer element of UC.

For your grandmother you need to know what her benefit entitlement is with the SDP and what it is without. It will affect potentially Pension Credit, Housing Benefit and Council Tax Reduction. You will then know the cost to her of losing SDP.

You then need to look at what you gain by claiming carer element which is £163/month plus whatever childcare cost savings you claim.

Then you will be able to compare the amounts.

Alice_Holt

Thanks, poppy and calcotti for correcting my post re the carers element of UC and SDP. 

bigbill

calcotti said:

"If you have backdated the CA claim then the withdrawal of the SDP will also be backdated. If the CA claim has not yet been processed you can ring and withdraw the claim." 

Wrong

That advice will lose them the full value of Carers Allowance for the last 3 months about £800.

calcotti

bigbill said:

calcotti said: "If you have backdated the CA claim then the withdrawal of the SDP will also be backdated. If the CA claim has not yet been processed you can ring and withdraw the claim." 
Wrong

Thank bigbill. You are of course correct and I’m grateful to you for picking it up. 

Apologies to OP, your grandmother will not have an overpayment, the SDP ending will not be backdated. The SDP will stop from the date on which CA is first paid,

bigbill said:

That advice will lose them the full value of Carers Allowance for the last 3 months about £800.

As OP claims UC, any arrears of CA will simply mean that UC has been overpaid to OP. There will only be a loss if the UC for the relevant period has been less than the value of CA. 

(It is a curious anomoly that one could in principle get three months of backdated CA and immediately cancel the claim with minimal impact on the SDP of the cared.)

Cheryl2022

Thank you everyone for your replies I really do appreciate it.

just to clarify my grandma won't have a big bill for an overpayment for her sdp even if the carers allowance or element are awarded? 

calcotti

Cheryl2022 said:

Thank you everyone for your replies I really do appreciate it.

just to clarify my grandma won't have a big bill for an overpayment for her sdp even if the carers allowance or element are awarded? 

That’s correct. As picked up by bigbill, my advice that the stopping of the SDP would be backdated was incorrect. SDP stops on the date the CA (or carer element of UC) is first paid).
https://www.legislation.gov.uk/uksi/2002/1792/schedule/I

(2) A person shall be treated—

(c) for the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the 1992 Act or as having an award of universal credit which includes the carer element, for any period before the date on which the award is first paid.

Cheryl2022

So it will just me who might have been overpaid on my universal credit if they backdate the carers allowance?