false advice from benefits office - could be fraud

Gordon wrote:

My fault for trying not to confuse and that's exactly what I've done.

The rules for SDP are

If you are single, you may get the lower rate premium if you live alone, no one gets Carer's Allowance for looking after you and you get the middle or highest care component of Disability Living Allowance.

There is more information here.

www.direct.gov.uk/en/DisabledPeople/Fina...AndSupport/DG_068683

I'm afraid I can't find anything about whether this could be classed as a holiday, unfortunately, the DWP site barely recognises the word.

Gordon

the way its been posted at the start of the thread I dont think they would count it as a holiday, as she says she has to go there as her carers are away

so she is there to be cared for, and the people/ person at that address will be looking after her

thats how it looks to me based on what was posted

It could be classed officially as 'Respite Care' not a holiday

As it won't be funded though by the SS/NHS and is only of short duration with no-one claiming C.A in theory no benefits including the SDP should be lost. That is purely my own understanding based on WRO explanation in my daughters case who has been in Respite/Residential Care for rather longer than a month and has lost benefits now.

well spent much of day on phone to them getting different advice from different people. It has now gone through to their 'processing' department (not sure what that is) but I'm going to go with whatever they say and if they then decide I've done anything wrong it will be their fault.

Sundries wrote:

well spent much of day on phone to them getting different advice from different people. It has now gone through to their 'processing' department (not sure what that is) but I'm going to go with whatever they say and if they then decide I've done anything wrong it will be their fault.

They will still try and blame you

sundries you don't need to tell them about a holiday even abroad providing I think it is with in a month return with income support and sick though that timescale may have changed and with DLA it is 26 weeks providing it is within the European union.

2 people or more in a house can get the severe disablement premium of £53 p.w if you are all on DLA at the middle or higher rate of care as you are classed as being alone in terms of care needs.

It is not viable to claim carers allowance in all cases as you can end up with less money. My Husband gets paid incapacity on contribution so he was able to claim carer allowance as he wouldn't get it but it gave us the under lying entitlement to the carers premium, which didn't change our amounts. It wasn't viable for me to claim carers allowance for my husband as my money is made up of income support and other various so carer allowance would have been taken off my benefits and just left us with an underlying entitlement premium which is less money than the severe disablement premium which is payable to both of us. They could not make me claim carers allowance as I am disabled also. Confused oh yes, it's surprising anyone gets the right entiltements.

This no 0845 712 3456 is the disability benefits independent advice line that tells you what you can and can't claim and the best way of getting the most money as they catch a lot of people out with the carer allowance as it works out less depending what benefits you get