Non Resident Carer's

OK here's one I would like some input on.

Background:

I am a non resident carer - that is to say I do not live with the people I provide care for and have my own household to upkeep, rent, bills usual living expenses etc.

I am the primary carer for a disabled woman who has a clinical diagnosis for her underlying disability and other disabilities that are in addition to her main condition. For 8 yrs she fought, unsuccessfully, for disability for herself and her disabled son until she eventually gave up.

I gave up work to help them and successfully got an award of higher rate of DLA and Mobility for her; Middle rate DLA , lower rate Mobility and ESA support rate for her son. ( No applause please lol)

These awards enabled me to claim carer's allowance for Her along with income support that passported HB although a loophole allowed the council to only pay a portion of my rent ( a little over 50%). However My ward of care subsidised my allowances to enable me to survive and look after the pair of them from her DLA
All happy bunnies

After 4 yrs Mandatory transference to PiP reared it's ugly head a few months ago and a decision letter was received a few days ago that awarded her no daily living component and only standard rate for mobility. Needless to say I have demanded a mandatory reconsideration giving all the reasons in a letter along with some (not all) of the legal arguments. I have also lambasted them for the obvious contradictions, failure to follow their guides and training manuals stupid comments and the actions, attitudes, Lack of knowledge and self admitted failure of the ATOS hp to complete a necessary training manual to asses the case correctly his attitude and conduct during a face to face etc.

This letter has been backed up by a phone call also insisting on MR (Just to be sure and in their face) and I will follow up with another call tomorrow to make sure that they are in receipt of the letter that was sent 1st class signed for.

Now; Today I received a letter telling me that my carer's allowance will be stopped so I called to check that I can still claim Income support because I am still going to be providing a substantial amount of care and asked them to apply the 28 week rule that allows a carer to claim IS while a claim is pending.

Surprisingly the carers line at the DWP where most helpful and confirmed that My IS should just be modified accordingly but I would have to ring IS direct to inform them.

IS told me that the 28 wk rule only applied to NEW claims not disputed existing ones. However, they also advised me to start a new PiP claim and that then they would be able to apply the 28 wk rule ???????????????

How stupid is that? So, If I ring for a new PiP form they are surly not going to accept the application because one is already being processed. To claim twice would surely constitute fraud? But if I don't get My IS continued then I am stuffed because I will not be able to Claim JSA as I am not available for work. If I don't collect IS then the little that I get towards my rent will also stop.

Sorry for the long post but thoughts please

Thanks for the reply Gordon

No I am not the appointee. I am , however, quite legally and 'carefully' lol acting on their behalf of that I can assure you. But I'm bored with arguing that point as I have had to on many occasions in the past.
Fact is I have dealt with the DWP on their behalf for in excess of 4 yrs now.

I had feared that the 28 wk rule would not apply but I am very confused at the DWP advising me to lodge a second claim.

Without checking, surely it would be fraudulent to make a fresh claim in the knowledge that a claim was already lodged and being investigated? Plus I doubt very much when I phone for a form that I will be allowed to proceed. We shall see

I do have an email from the person that gave me the advice confirming that I should make a second, fresh, claim so it could get interesting lol.

MP has already been contacted and tonight we have emailed Crabb directly demanding answers to some very searching questions. No doubt one of his minions will be in touch and attempt to send me around and around in circles hoping that I will drop it.

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Played those games before while IBS was still in the driving seat.

I am also aware of the back pay situation but with a combined loss of £195 per week for 2 disabled adults and myself as a carer it is not a loss that can be covered. Certainly not for the 9 months it is likely to take for an appeal hearing.

Already had to cancel the respite holidays that we have to pay for ourselves because of this. Internet and telephones will be the next that have to go followed by essential transport.