Carer carries on claiming Carer’s Allowance when care has stopped.

I have a client whose Carer stopped caring (I think there was a breakdown in the relationship) however the carer continued to claim Carer’s Allowance for some time before client contacted the Carers Service to advise care had ended. I have unsuccessfully tried to backdate the SDP in the ESA to the date caring stopped. I was just left a message by DWP saying Carer’s Allowance continued so no SDP due. Any ideas how I could go about challenging this for my client?

Thank you.

For SDP to be included in an applicable amount, ESA Regs 2008, sch 4 para 6(iii) state that:

‘no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Contributions and Benefits Act in respect of caring for the claimant.’

For any period that the ‘carer’ was not entitled to Carer’s Allowance, then SDP should be included in the disabled person’s applicable amount assuming that the other conditions were met.