Universal Credit Carer’s element and SDP

Hi all

I think this may have been “answered” on a previous thread I found in that there is no definitive answer to this question, but just wanted to check!

I have a client who lives alone and receives DL PIP plus irESA, so should have been receiving an SDP for some time.

His son has recently given up work to care for him and needs to claim UC, and he should now be entitled to CA and a Carer’s element.

Collectively, however, they would be better-off by £20pw if my client claimed an SDP instead.

Son obviously needs to declare he is a carer so that he does not have work-related requirements placed on him.

I cannot see though that it is possible for him to say he has caring responsibilities but decline the Carer’s Element?  Anyone have any experience of this?

Many thanks!

He could say he cares, but less than 35 hours which would stop him being eligible for the carer’s element. However, it also stops him being automatically exempt from work-related requirements but he could request easements under regs 88 of the UC Regs but I think he would still need to show he has reasonable prospects of obtaining paid work

CAAdviser - 16 August 2018 06:16 PM

I cannot see though that it is possible for him to say he has caring responsibilities but decline the Carer’s Element?  Anyone have any experience of this?

I suspect that this issue was overlooked as it only arises during the transitional roll out of UC. Once UC is complete and SDP has been abolished the issue will not arise.

But SDP remains in pension credit so the problem remains

Vonny - 20 August 2018 08:50 AM

But SDP remains in pension credit so the problem remains

Not sure that it does - for severe disability addition, the carer needs to have claimed Carer’s Allowance to stop the addition being paid. For UC, you only need to be doing the equivalent of what would entitle you to CA, you don’t need to claim it.

So in an analagous situation for PC claimant, this would only be a problem if CA was actually claimed. Of course, you’d need to balance income gains from SDP against possible loss of NIC’s for carer but that happens now anyway.

Issue arises where SPC claimant has a working age carer on UC. SPC Sched1.1(1)(a)(ii) blocks SDP if carer has UC carer element

HB Anorak - 20 August 2018 10:54 AM

Issue arises where SPC claimant has a working age carer on UC. SPC Sched1.1(1)(a)(ii) blocks SDP if carer has UC carer element

Ah yes, good point.