dwp are threatening to take carers allowance away

[kerrieb1974]

hi im about to go to tribuneral for pip as i want them to hear my side in court....this morning i received dwp reponce to the courts and in their letter they have stated i get carers allowance for my 8 year old son so the court should reconcider my case and not let my case go to a hearing.....hmmm yes i do get carers for my autistic son and dla for my son.....but for dwp to say because i am able to care for my sons needs.... doesnt mean i dont need additional help for my needs....i am fighting dwp because atos lied throughout my assesment and dwp took their word for it without hearing my side.....I am worried that dwp can take my money away that i get for my son if the hearing goes ahead because i rely on that money for my sons needs......seems like im being bullied into a corner here and i dont know if fighting the dwp could make me lose all the finances i have fighted to get for my son....im so stressed right now so any advice would be greatly appreciated! thankyou

[enaid]

Re: dwp are threatening to take carers allowance away

Hi and welcome,
No idea how they can try and hold receiving CA against your right to a hearing re PIPs. The CA is for you as a carer, DLA is meant to cover your sons needs financially.
Have you a date for the tribunal?

PIP can be paid regardless of your income, savings or National Insurance contribution record and is a tax free benefit. You can get PIP even if you are working or studying. If you are a carer who has care needs, you can claim PIP for yourself and this will not affect your Carer’s Allowance.

https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/personal-independence-payment

[kerrieb1974]

Re: dwp are threatening to take carers allowance away

hi and thankyou for replying to my question on pip.....i have no date yet with the hearing but what dwp seem to be doing is trying to stop the hearing taking place altogether but saying...well these are the exact words dwp used in their report to the courts.....although miss ball has identified a high level of personal restrictions she is intitled to carers allowance,a person must provide at least 35 hours of care to another disabled person a week.The tribunal may wish to explore this further?.......(basically the dwp have also sent a copy of the claims i have ongoing for my son who has autism with their letter!...my argument on that is i need a carer to tend to me for totally different needs to what i can do for my son as i have aspergers at a different level to my son,i also have type two diabetes/asthma/severe axiety/anemia/severe ibs/and life having b12 shots due to stomach no longer absorbing nutients!

[enaid]

Re: dwp are threatening to take carers allowance away

I really can not understand their reasoning at all as I have pointed out CA does not affect PIPs.
The only thing that may be rattling their cage is that your claim contradicts what you say do for your son, if that makes sense.
Being a carer is not always about physical help, you may be just making sure your son is safe etc
As said below in their own regs 'caring' can not be defined easily if at all in some cases.
I don't think they have a leg to stand on and would personally go all the way with this

60041 Although there is no legal definition of “caring”, it is reasonable to expect that theseverely disabled person and the carer are together for most of the time. There maybe occasions when the claimant spends some time apart from the severely disabledperson
https://www.gov.uk/government/upload...79/dmgch60.pdf

[enaid]

Re: dwp are threatening to take carers allowance away

You have edited your post and added your health problems, just to add it is not the conditions that are tested for PIPs but how the conditions affect your daily living.
I presume you are appealing the PIPs decision ? as has been shown they can not stop your cares allowance because of PIPs nor visa versa.
Here is a self assessment for https://www.benefitsandwork.co.uk/pe.../pip-self-test if you have not already done it just check how many points you think you would score. Although it's not a definate result you can at least see why you may not have scored the points you expected.