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UC gateway conditions
i have a client who is currently under 25 and in receipt of carers allowance and income support top up. he lives with his parents (one on high care) and disabled brother (middle care). disabled parent claims carers for looking after clients brother.
his dad was working but will soon be giving up his job as he cant cope with this alongside his home situation and wants to claim carers allowance which would mean he will potentially need to stop his carers allowance claim.
The client wont be stopped by any of the other gateway conditions but i am wondering about the “in receipt of old style income support etc” exclusion.
if he claimed jsa before income support had actually finished would this mean he could claim job seekers allowance rather than UC?
it appears to me in this case that UC might actually be the better option for this client in case he finds part time work as his earnings allowance looks to me like it would be marginally higher but i am just trying to be clear in my own head whats likely to happen here.
Sorry, I might have misunderstood and am perhaps missing the point (and I’m sure you’ve looked at this already) but, as an alternative, cant he continue to claim CA (for disabled parent) and disabled parent relinquishes CA and then Dad claims CA (for disabled brother) ?
Sorry, I might have misunderstood and am perhaps missing the point (and I’m sure you’ve looked at this already) but, as an alternative, cant he continue to claim CA (for disabled parent) and disabled parent relinquishes CA and then Dad claims CA (for disabled brother) ?
that is an option but it would mean less income support for the parents as they would drop a carers premium that would be there with dad claiming for wife and wife for son.
why give up income support at all, as long as he is substantially caring he can continue on IS, he loses carers premium but he’ll lose that anyway. Or am I missing something?
why give up income support at all, as long as he is substantially caring he can continue on IS, he loses carers premium but he’ll lose that anyway. Or am I missing something?
is it not likely to be difficult to argue this given that someone else would be claiming carers allowance for the person they are also supposed to be caring for?
If my understanding is right and decisions around this are left to the decision maker i wouldn’t even feel overly confident arguing that one at tribunal never mind getting a dwp decision maker to accept it.
See schedule 1 paragraph 4 of the IS general regs.
In your given case it would be reasonable to say that mum has day and night care so needs two carers, at least, [7days x 24 hours / 35hours = 5 carers] Husband/dad being one and getting the Carers Allowance and your service user the other.
See schedule 1 paragraph 4 of the IS general regs.
In your given case it would be reasonable to say that mum has day and night care so needs two carers, at least, [7days x 24 hours / 35hours = 5 carers] Husband/dad being one and getting the Carers Allowance and your service user the other.
cheers.
seems its specifically mentioned in the guidance as well that this is possible. I dont think its going to be easy to get the DWP to accept it in practice but it looks like it is an option.