ESA/UC migration and u/lying eligibility for Carers Allowance

Hi All , thoughts welcome

Currently in a Gateway area but have several clients who receive CB and IR ESA with SG/EDP who also have u/lying eligibility for CA so get a CP. The disabled person they care for (but are not resident with) receive for example PGC which includes the SDP so all ok

When carer is migrated to UC he/she will be OK as will benefit from transitional protection to keep amount of benefit etc- however am I correct in thinking that the disabled person will lose out as the SDP ceases to be payable if the carer, though not getting CA, receives UC which includes the carers element ?

It won’t include the carer element, because the UC version of the support component overlaps with it.

As I read it it’s not a case of having an underlying entitlement to the carer element: if you have the LCWRA element you cannot satisfy the condition for the carer element.

Here is UC Reg 29(4):

(4) Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work or for work and work-related activity, only one out of the carer element, the LCW element and the LCWRA element may be included in respect of the claimant and that element is—
(a) if the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), the LCWRA element

The wording in the means-tested benefit SDP conditions is “an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013”.  As far as I can see that isn’t the case: until the LCWRA element falls away there simply is no carer element in the award.

Many thanks Peter- will be interesting to see what UC do when they have to deal with these cases!