Benefit cap and Carer’s Allowance

We have a tenant who is currently affected by the benefit cap at £500. Her HB is reduced to around £20 pw. She has come to see us as she knows about the reduced cap of £384 that is coming in this Autumn.

However she is in receipt of Carer’s Allowance. Will this cease to be included in the income counted towards the cap only from when HB implement the new cap or back to April when the legislation was brought in??

Thanks

Replying to my own question not good but I have another question….

Does being in receipt of Carer’s Allowance make you EXEMPT from the cap or is CA just not included in the benefits included in the cap? Direct Gov seems to imply the latter but other sources say the former??

Receipt of carers allowance will give exemption from the cap in the autumn. 

In the meantime Lord Freud apparently said that local authorities should award DHPs for tenants currently in receipt of CA and affected by the cap.

‘We have … amended the Discretionary Housing Payments Local Authority Good Practice Guide to reflect that those entitled to Carer’s Allowance or Universal Credit including the carer element should be considered as a priority group for whom Discretionary Housing Payments are specifically aimed.’

Brilliant! Thanks for the response

Hi,

Just giving this a ‘bump’ to ask if anyone is aware of any progress re the change to the regs to exempt people in receipt of CA from the cap? It is nearly autumn!

The DHP guide says “Further details will be announced in due course but we anticipate that the change will come into force by the end of the year as the revised cap levels roll-out.” (para 1.11) and I understand that the cap is reducing 07/11/16.

I’ve had a quick look though the DHP guidance and the comments on payment to people on CA affected by the cap are rather weaker than Lord Freud’s statement quoted by JHogg above, all I can find is “In the interim period, DHP’s can be used to help support households in receipt of CA or GA. ” (para 1.13)

I’ve a carer who is about to be affected by the cap due to a young person on disability benefits ceasing to be classed as her child.

Thanks

Jane

Jane OP - 18 August 2016 02:00 PM

Just giving this a ‘bump’ to ask if anyone is aware of any progress re the change to the regs to exempt people in receipt of CA from the cap? It is nearly autumn!

Hi Jane ... Jon said over on this thread that local authorities had been informed that the carers exemption will take effect from 7 November 2016 ...

... but not seen any regs yet though!

Cheers - Shawn

Thanks Shawn!

shawn - 18 August 2016 02:19 PM

Jane OP - 18 August 2016 02:00 PM

Just giving this a ‘bump’ to ask if anyone is aware of any progress re the change to the regs to exempt people in receipt of CA from the cap? It is nearly autumn!

Hi Jane ... Jon said over on this thread that local authorities had been informed that the carers exemption will take effect from 7 November 2016 ...

... but not seen any regs yet though!

Cheers - Shawn

I’ve asked DWP when we can expect to see the regulations - will let you know if I get anything.

Jon Blackwell - 18 August 2016 02:45 PM

I’ve asked DWP when we can expect to see the regulations - will let you know if I get anything.

...  regs are expected to be laid mid September - CA/GA exemption to apply from 7 November.