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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Definition of substantive caring??

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Apologies if this is either bleedin obvious, or been dealt with before.

Ok : I have a client whose 67 year old father is ill in hospital. Surgery in October, but soon to be discharged

Will need a lot of care.

Client on JSA, but has spent last couple of months in hospital helping look after her dad, which has impacted on her job searches, and now they are getting heavy with her.

Due to 6 month qualifying rule he cant be considered for AA until April, and therefore no CA + IS until then.
I will put in an advance claim anyway

I know that if someone claims CA and is awaiting award to be processed Income support can be granted due to (i think) reg 4 , as one is classed as having substantive caring responsibilities.

Can this also apply to someone who wont be eligible for AA for a few months due to qualifying period??

Or should i politely remind Jobcentre Plus to back off under equality act (via association due to fathers disabilities) with regard to her availability for work versus caring role?

Thanks : as always

[ Edited: 7 Jan 2016 at 12:04 pm by benefitsadviser ]
John Birks
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Welfare Rights and Debt Advice - Stockport Council

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benefitsadviser - 06 January 2016 04:01 PM

Apologies if this is either bleedin obvious, or been dealt with before.

Ok : I have a client whose 67 year old father is ill in hospital. Surgery in October, but soon to be discharged

Will need a lot of care.

Client on JSA, but has spent last couple of months in hospital helping look after her dad, which has impacted on her job searches, and now they are getting heavy with her.

Due to 6 month qualifying rule he cant be considered for AA until April, and therefore no CA + IS until then.
I will put in an advance claim anyway

I know that if someone claims CA and is awaiting award to be processed Income support can be granted due to (i think) reg 4 , as one is classed as having substantive caring responsibilities.

Can this also apply to someone who wont be eligible for AA for a few months due to qualifying period??

Or should i politely remind Jobcentre Plus to back off under equality act (via association due to fathers disabilities) with regard to her availability for work versus caring role?

Thanks : as always

For IS -

Regularly and substantially
20117 While for CA in DMG 20116 1. above, “regularly and substantially” has a specific legal definition of a minimum of 35 hours caring per week, there is no such minimum requirement for satisfying the requirement under DMG 20116 2. above.

Here the words “regularly and substantially” should be given their everyday meaning. Whether someone is regularly and substantially caring is a question of fact for the DM. If these conditions are fulfilled by more than one person, then both may be able to satisfy the carer provision at any given time.

I did this successfully a long time ago - it depends on detail - for example the DM may argue that the hospital provide all the care required - this is not always true as it depends on the individual circs - I know of one case where the son stayed throughout the day to ensure his father ate his meals as they alleged they were placed before him and if he didn’t eat they were taken away - on the basis that physically he could feed himself.

This was for a brief period of a few weeks so you may prefer to pursue JSA and restricted availability

Claimants with caring responsibilities

21434   Claimants who have caring responsibilities can restrict the number of hours that
they are available to less than 40 hours in any benefit week if
1. they are available for
1.1 employment, for as many hours as their caring responsibilities allow
and
1.2 the specific hours that their caring responsibilities allow and
2.  they have reasonable prospects of securing employment despite that
restriction and
3.  they are available for employment for at least 16 hours per benefit week.

21435 In deciding whether or not claimants satisfy DMG 21434 1. the DM should consider all available evidence. But the DM should give more weight to
1.  the hours and days spent in caring and
2.  whether the caring responsibilities are shared with another person and
3.  the age, and physical and mental condition of the person being cared for

21436 Claimants with caring responsibilities should ask about and make use of any facilities such as
1.  day nurseries
2.  child care schemes
3.    home helps
4.  school meals
5.  help of friends or relatives.

 

Jon (CHDCA)
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Welfare benefits - Craven CAB, North Yorkshire

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benefitsadviser - 06 January 2016 04:01 PM

I know that if someone claims CA and is awaiting award to be processed Income support can be granted due to (i think) reg 4 , as one is classed as having substantive caring responsibilities.

Can this also apply to someone who wont be eligible for AA for a few months due to qualifying period??

Carer definition is in Sch 1B para 4-6 of the IS regs:

Persons caring for another person
4. A person (the carer)–
(a) who is regularly and substantially engaged in caring for another person if–
[..]
(ii) the person being cared for has claimed attendance allowance but
only for the period up to the date of determination of that claim, or the
period of 26 weeks from the date of that claim, whichever date is the
earlier; or
(iia) the person being cared for has claimed attendance allowance in
accordance with section 65(6)(a) of the Contributions and Benefits Act
(claims in advance of entitlement), an award has been made in respect of
that claim under section 65(6)(b) of that Act and, where the period for
which the award is payable has begun, that person is in receipt of the
allowance; ..

http://lawvolumes.dwp.gov.uk/docs/a6-2501.pdf

edit: does that answer it?