Key Facts
- •GK received Employment and Support Allowance (ESA) including a Severe Disability Premium (SDP) since 2014.
- •GK's mother was awarded Carer's Allowance for caring for GK in July 2018.
- •The Secretary of State decided GK was not entitled to the SDP from July 2020 onwards due to the Carer's Allowance awarded to his mother.
- •The First-tier Tribunal allowed GK's appeal, arguing GK lacked capacity to consent to his mother's Carer's Allowance claim, thus rendering it ineffective.
- •The Secretary of State appealed this decision to the Upper Tribunal.
Legal Principles
Continuance of SDP in ESA depends on no one receiving Carer's Allowance for the claimant.
Paragraph 6(2)(a)(iii) of Schedule 4 to the Employment and Support Allowance Regulations 2008
Conditions of entitlement for Carer's Allowance are set out in section 70 of the Social Security Contributions and Benefits Act 1992.
Section 70 of the Social Security Contributions and Benefits Act 1992
The cared for person's consent is not a condition of entitlement to Carer's Allowance.
Section 70 of the Social Security Contributions and Benefits Act 1992
For the validity of a Carer's Allowance claim, only matters affecting entitlement are relevant.
Paragraph [56] of R(IS)6/04
A benefit award remains effective until set aside by a court or tribunal.
R(S)13/81, Section 17(1) of the Social Security Act 1998
Outcomes
The Upper Tribunal allowed the Secretary of State's appeal.
The First-tier Tribunal erred in law by considering the claimant's consent as legally relevant to the validity of the mother's Carer's Allowance claim. The claimant's consent is not a legal requirement for Carer's Allowance entitlement.