UC and Carer Elelement – underlying entitlement

Hello. I helped a couple (mixed age) with their claim to UC to include a LCWRA for cl of working age and a CE for his wife and a pensioner. She actually claimed Carer’s Allowance and got the letter informing her of the overlapping benefit rules and advising she has underlying entitlement to the premium. 12 months + on,  UC have started to deduct the carer allowance as income (incorrectly – it is not paid) and have put it to her to prove so.

My question is – Would it just be easier for her to end the underlying entitlement or to have not claimed it formally in the first place as all evidence suggests that if you show you meet the requirements it can be paid anyway?

has anyone any experience of this?

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