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unity1906

Benefits for disabled person and his carer

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I would like some urgent help to my dilemma. on the 3rd of september I closed my claim for Income support due to my age 60 and having claimed pension credit prior to 14 th may thought everything would go smoothly however things have not. it's the 23rd today and so far I have not received a penny of PC. Now I am told that I will receive £132.60p I asked why I will not get the carers premium of £30.05 added as an additional amount as stated on the direct gov website. They said because your carer receives it. My carer who is actually my 21 year old son receives £53.90p Carers Allowance and income support of £28.00p. When we phoned today they told him that he gets carers premium as well, which he said surely I have never received that, as I never knew I could claim it, they said it is added as you can't get income support or carers allowance without it, then they said that they add it all up and deduct it all from what the law says he needs to live on meaning that he only gets £81.90 per week and that is his entitlement. When he said that he wishes to cease receiveing the carers premium they told him then that he wouldnt get anything at all as it was the carers premium that qualified him for the income support payment. This also means I can not get the £30.05 carers premium either is this right? As it seems the £30.05p carers premium has not been paid to him since march 2008 when he first claimed carers allowance. My son now thinks he should be given the payments he has not received as a solicitor has suggested that he was entitled to receive the £30.05p carers allowance on top of his £81.90p that the law says he is allowed to live on, he is now almost certain they have cheated him out of over £3800 pounds in carers premium. What can we do about this?

 

Can someone offer some realistic and factual advice. So far the benefits system has been hell for me in fact my carer, estranged wife and youngest son found me trying to commit suicide last friday and obviously prevented it, My GP wanted to hospitalise me but my CMHT said that was not appropriate. Surely disabled people should be treated better than this. I still do not have a date when I will receive any money and now only have my DLA of £267 pounds per month to provide for myself and the council has stopped my council tax and housing benefit.

Edited by unity1906
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Hello there and welcome to the forum. I'm really sorry you're experiencing what you are, it sounds awful. I'm really pleased you're still with us so to speak. I'm sure people with answers will be along soon. Sadly, this time I don't know the answers but someone will.

 

Hang on in there, we'll be back to you.

 

HB x


Illegitimi non carborundum

 

 

 

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Hello Unity.

 

I'm afraid that your son is indeed getting the correct entitlement. The Carer's premium has not been £30.05 since 2008; the rate increases year on year. The law says your son needs to live on £51.85 per week (for a 21 year old). Where he is a carer, and entitled or has underlying entitlement to Carers Allowance, he can receive up to £81.90 per week which includes a carers premium where income support is claimed.

 

Income Support and Carer's Allowance are claimable together however income support which includes the carers premium is a means tested benefit, which means it can be reduced when Carers Allowance is claimed along with it.

 

Where there is underlying entitlement to Carers Allowance, a carers premium is included in the Income Support. Your son is entitled to Carers Allowance of £53.90 per week but the income support top up is only £28.00 per week because Income Support is means tested. If he wasn't claiming Carers allowance he would be entitled to the full £51.85 income support (as he is under 25) plus the Carers Premium of income support which is £30.05 because he has underlying entitlement to Carers Allowance. This also totals £81.90 per week.

 

If he wanted to stop claiming the Carers Premium then he'd no longer receive any income support at all, and would only get £53.90 per week in Carers Allowance.

 

You would not be able to get the carers premium in Pension Credit unless you are caring for someone and are yourself entitled to carers allowance. You could claim the severe disability addition (as the amount of DLA you are getting tells me you get the high rate for the care component) if your son was not receiving Carers Allowance for caring for you.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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