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Neutral Citation Number:
Reported Number:	R(IS)8/02
File Number:	CSIS 1081 2001
Appellant:
Respondent:
Judge/Commissioner:	Mrs L.T. Parker
Date Of Decision:	04/04/2001
Date Added:	23/05/2002
Main Category:	Income support and state pension credit
Main Subcategory:	other: income support
Secondary Category:
Secondary Subcategory:
Notes:	Prescribed category of person - care for another person for less than 35 hours per week - whether "substantially engaged in caring" The claimant was formerly in receipt of jobseekers' allowance. She claimed income support because she considered that she was regularly and substantially engaged in caring for her father. In response to an inquiry from the Department of Work and Pensions, she indicated that she would not be claiming invalid care allowance because she could not commit herself to caring for 35 hours a week. However, she no longer wished to claim jobseekers' allowance as she was not available for work. An appeal tribunal upheld the Secretary of State's decision to refuse the claim for income support on the basis that the 35 hour rule contained in regulation 4 of the Social Security (Invalid Care Allowance) Regulations 1976 (the "ICA Regulations") should apply in interpreting the provisions of paragraph 4(a) of Schedule 1B to the Income Support (General) Regulations 1987 (the "IS Regulations"). The claimant appealed to the Commissioner on the ground that what amounted to substantial care depended on the nature and duration of the care provided in a particular case. Held, allowing the appeal, that: 1. if the claimant relied on the terms of paragraph 4(a), rather than paragraph 4(b), of Schedule 1B of the IS Regulations, it was not mandatory to demonstrate 35 hours a week of caring; 2. holdings it is for the adjudicating authority to consider the quality and quantity of care for the purposes of determining whether a claimant is "substantially engaged in caring"; 3. care covers assistance or supervision arising out of the disabled person's needs and includes domestic tasks, even if carried out outwith that person's presence; and 4. travelling to and from the disabled person's home in order to provide care is not of itself assistance provided to the disabled person and should not be included
Decision(s) to Download:	R(IS)8-02ws.doc