EEA couple, one partner working, second getting Carer’s allowance. Can they get IS?

Hi, I wanted to ask for advice.
I have a client, EEA couple. They have a disabled son who is 25 years old, but severely disabled and needs 24 hour care. Father is working and mother is looking after the son and getting Carer’s Allowance. Son gets ESA and DLA highest components.
My question is, the mother applied for IS as father was only working 19 hours a week. His hours increased because he’s covering for someone on sick, so he now does 24 hours a week. IS said that because he works 24 hours a week now, they can’t get IS.
Could someone please let me know what you think? Is there any way that maybe they could get IS but just not be paid for the weeks he’s doing overtime and earning a bit more? Or do they just have to wait till he only does 19 hours a week again and then apply again?
Also if they can’t get IS, can he get WTC?
What is the rule on this there if partner gets Carer’s allowance?
thank you

can anyone please advice?
thank you

Entitlement to IS would be calculated on his income, rather than the hours he works, and whether that income is below the appropriate applicable amount.

WTC would only be payable for 30 hours work or more per week.

Hi Zuzana

If partner gets Carers Allowance he will only have to work 16 hours p/w to be eligible for Working Tax Credit - Reg 4, Third variation, the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (as they appear in the consolidated version on Revenuebenefits website).

ESA regs say partner has to work less than an average of 24 hours if hours fluctuate but I am not sure where the Regs are for partner working in Income Support so couldn’t say if it is the same, sorry.

I wondered about that, but don’t they have to be responsible for a child as a threshold requirement for the third variation?

The 24 hour limit for partner’s earnings is in Reg 5(1A) of the IS (General) Regs 1987.

It seems as if they will fall between two stools for as long as his hours are above or equal to 24 but under 30: too many hours for IS and yet not enough for WTC

CPAG pp1402-1403 states that to qualify on 16 hours work per week, at least one partner must satisfy all the qualifying conditions,ie:
-at least 16 hours work per week, AND
-disability which puts you at a disadvantage in getting a job, AND
-be receiving or have recently received a qualifying sickness or disability benefit.
“ie: the element is NOT payable if only you are working and your partner is disabled”

No mention of partners in receipt of CA.

That’s just one of the three variations - if you loook at consolidated Reg 4 on the site that Billy mentions you will find a range of different routes to WTC with less than 30 hours ... but unfortunately none that matches this case as far as I can tell.

HB Anorak - 02 March 2015 03:04 PM

I wondered about that, but don’t they have to be responsible for a child as a threshold requirement for the third variation?

Yes, careless of me. Is there a child they get Child Benefit for as well as the 25 years old? If not, as Ben E Fitz says above it will depend if their income is below their applicable amount, even if they get round the 24 hours thing. That IS Reg also say an average of 24 hours where no recognisable cycle so you will need to look at his exact work pattern, has he done 24 hours every week or does it vary a bit? Are they also getting Housing Benefit and CTR? This looks like one of those situations where an extra bit of work might just be making them a bit worse off when everything is taken into account.

Still, when Universal Credit comes work will always pay…

To be fair it would in this case - they are a poster family for UC.  It is designed to facilitate smooth transition when hours of work change like this

If they are owner occupiers they wouldn’t get any Housing Costs cos earned income, so may be worse off. He could also get sanctioned for only working 24 hours and depending on when in the Assessment Period his working hours changed might he also lose out under UC?

Of course you are right though for the average Joe and Josephine.

Forgot to ask, is he aged 60+? If so could get WTC for 16 hours.

Edit
EEA nationals - will they ever be able to claim UC?

Hi everyone and thank you very much for all your replies.
Unfortunately there is no other child, only this one who is 25 years old and is severely disabled, can’t care for himself at all. Depending on parents 24h/day.
This son is getting his own ESA and DLA which is paid to mother who has power of attorney as he can’t deal with his own affairs.
So husband worked in January 22.5 hours a week one week and then 23.75 hours a week the next week. Hours vary. His earning is usually around £150 to £160 a week.

I am not sure if they can get WTC?

They do get HB and CTR.

And they are not over 60 years old.

Maybe it’s best to wait until his hours reduce again?
What is the earning limit on IS?

thank you

OK, no WTC possible and will not qualify for IS either. Applicable amount is £113.70 for couple plus Carers Premium of £34.20 = £147.90. Minus income (Carers Allowance) of 61.35 = £86.55. £20 earnings disregard for Carer = £106.55. So any earnings above this amount means they are outside income limits for IS.

Hopefully they will have notified HB of increased earnings to avoid overpayment. They can apply for Discretionary Housing Payments for help with their rent if they have not already done so - http://www.calderdale.gov.uk/siteinfo/faqs/answers.jsp?id=7681&start=7681

and Council Tax hardship fund - 01422 288003

They may also qualify for some help with prescription charges through HC2/3 certificate - http://www.nhsbsa.nhs.uk/HealthCosts/1136.aspx

http://www.turn2us.org.uk/grants_search.aspx for possible help with hardship grants

thank you Billy for that.
That makes more sense to me now.

I will let the family know.

thank you