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Carers Allowance - how earnings are treated

Mairi
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Welfare rights officer - Dunedin Canmore Housing Association

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Total Posts: 271

Joined: 25 June 2010

I thought I’d ask this because I’ve had a wee search and can’t find it coming up before.  I don’t deal with Carer’s Allowance much when people are also working and my situation seems particularly unfair so I thought I’d check no-one has any ideas of a work around.  (I’m suspecting not which is a shame.)

I’m working with someone who is a carer and who has recently taken on a new job working 14 hours per week.  This allows them to claim Carer’s Allowance.  Started work early / mid part of month one but received no wage for that period.  Received Carer’s Allowance.

Month two received basic wage (which would have entitled her to Carer’s Allowance) but also wage due for hours worked in month one.  Received Carer’s Allowance.

Month three received basic wage and a few residual hours from month one (presumably because of cut-off dates for payment).  Did not receive Carer’s Allowance based on month two income.

Month four received basic wage.  Did not receive Carer’s Allowance based on month three income.

I’m hopeful that now all the hours for month one have been accounted for that she’ll receive Carer’s Allowance without any problems; and I can see that that’s the way the rules work so it may be just an example of someone losing out because of those rules which nothing can be done about.  It just seems unfair (like much else in welfland).

Anyone have any thoughts?  (Hoping that I’ve made sense this late in the day!)

Mairi

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Joined: 22 July 2013

I think from your post that you are saying that her earnings are being calculated monthly? It should be weekly and I think that in your client’s case The Social Security Benefit (Computation of Earnings) Regulations 1996 at 8 (3) should be read to average out their earnings over the period they worked:

“8(3) Where the amount of the claimant’s net earnings fluctuates and has changed more than once, or a claimant’s regular pattern of work is such that he does not work every week, the application of the foregoing paragraphs may be modified so that the weekly amount of his earnings is determined by reference to his average weekly earnings—
(a)
if there is a recognisable cycle of work, over the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);
(b)
in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant’s average weekly earnings to be determined more accurately.”

Mairi
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Welfare rights officer - Dunedin Canmore Housing Association

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Total Posts: 271

Joined: 25 June 2010

Thanks Billy.

I think I need to go back to the claimant because the decision might be right if I’ve picked up her dates of employment correctly.  If she’s got them wrong (and I think she might have) we might have a case.

Mairi