Entitlement to Care's Allowance

Hi Fridgeraider

Carers allowance is not dependant on claiming ESA, remember with the benefit system what you get in one hand is taken away in the other apart fro DLA, PIP and AA.
www.gov.uk/carers-allowance

You state that your husband receives the enhanced DL and that you receive DLA, to give you correct information which components of DLA do you receive and who lives in the household?

There are a number of benefit calculators where you can check your benefit entitlements.
You can check by putting your information into one of the online benefit calculators.

www.gov.uk/benefits-calculators

He would loose the Enhanced Disability Premium if he lost the enhanced daily living component of PIP.

Gary

Hi Fridgeraider

No, he would not loose the Enhanced Disability, the Enhanced Disability is payable as he receives the enhanced daily living component of PIP.

The reason why I asked what rates of DLA you get is, if you had said middle or high rate care then I would have said that you both should be getting a SDP but as you are only getting low care then neither of you will be eligible to claim SDP.

One thing to remember for the future, if you are re-assessed for PIP and you are awarded the daily living component then you both should get the SDP .

Gary

Hi Fridgeraider

Use a benefit calculator www.gov.uk/benefits-calculators, most benefits what you get in one hand you loose in the other but you may be eligible for a premium such as carers premium £36.85pw.

DLA award is different to PIP, the descriptors are different.

PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Referring to any more recent evidence you have is more useful.

Gary