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Carers allowance

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5 years 7 months ago #217995 by Peta
Carers allowance was created by Peta
First the good news. My husband has been awarded enhanced rate for both parts of pip. Thank you gordon for your suppport and information provided. However, the stress continues because last week i received a letter saying that my carers allowance was stopped on the 6th august because 'my husband doesnt or did not receive an appropriate disability benefit'. The letter was dated the 3rd september. The pip letter he received was dated 5th september and also received last week and states he was awarded pip from 1st august. I asked about mandatory reconsideration for carers allowance but was told they have done it over the phone when they were talking to me and have said they will not change their decision because they take the pip start date from the decision date and not the award date. I have been told i will have to put in a new claim which means i have now exceeded the time limit for telling the council about changes to our benefits because i wasn't notified at the time (i am contacting them today) and am faced with more form filling. I have several questions and would be grateful if you could offer any advice. 1) I was given the impression that when being transferred from dla to pip as long as my husband had no break in his awards ( his pip was awarded from the date dla was stopped) that the carers award would carry on. Dwp now say they use the date the decision was made and not the date pip was awarded. Is that correct? 2) as it was a transfer from dla to pip is it correct that dwp can make a decision to stop my carers allowance before a decision had been made on my husbands pip claim. Dwp agree there was no break between the ending of dla and the award starting for pip but there was a gap between dla ending and the decision being made to award pip. They say this resulted In the pip payment being backdated and therefore they consider there was a break. They say it is not their mistake. As dla is not meant to be stopped until a decision about pip is made would that mean i could argue that he was receiving a benefit without a break even though the payment was delayed? 3) does the fact that my husband is now over 65 affect me putting in a new claim for carers allowance based on him receiving pip? Sorry this post is so long.

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5 years 7 months ago #218006 by Gordon
Replied by Gordon on topic Carers allowance
Peta

1. No this is not correct. In the vast majority of cases, the date that a Decision is made on is also the date that applies from, however, a notable exception is PIP when transferring from DLA as there will always be a four week run-on of the DLA.

In terms of the actual benefits, there is no gap as the PIP will start on the day after the DLA ends.

2. As above, the DLA award does not end until after the PIP Decision is made so there should have been no break in the entitlement to claim CA.

3. There's no age limit for claiming CA.


I would pursue the matter further especially if there is any loss of the CA, what they have done is clearly wrong.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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