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Forum Home  →  Discussion  →  Children and childcare  →  Thread

Advice on new UC claim

CDV Adviser
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Nestor Financial Group Ltd

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My client (mum) has 3 children and receives CTC & CHB. Father claiming DLA for one child and CA. Also ESA for himself & partner. HB/CTS in fathers name. He has now been sectioned so my client is just left with CTC and CHB. They are splitting up and she needs to claim UC in her own right as a carer. As the CA is paid to the husband, will she be able to claim as a carer? HB, CA and ESA still in payment to partner.

Any advice greatly appreciated.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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If he is no longer providing 35 hours of care the husband is no longer entitled to the CA anyway although I know it can be difficult getting CA stopped unless the claimant does it themselves.

If husband is receiving CA she cannot receive the carer element for caring for the same person.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661570/admf6.pdf
SeeF6012.

CDV Adviser
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Thanks lanb, Do you think the DWP would accept her as a carer for the purposes of conditionality? She can live without the premium but I’m worried the JCP will expect her to be jobseeking.

Philippa D
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Weymouth & Portland Citizens Advice

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She won’t meet the conditions for no work related activity group as she’s not entitled to Carers Allowance or excluded from Carers Allowance by her earnings. She will be in all work related requirements, so could be required to look for work but work coach should take circumstances into account. If she can explain her situation and provide evidence then requirements could be reduced down to something nominal.

Mike Hughes
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Ianb - 07 February 2019 09:10 PM

If he is no longer providing 35 hours of care the husband is no longer entitled to the CA anyway although I know it can be difficult getting CA stopped unless the claimant does it themselves.

If husband is receiving CA she cannot receive the carer element for caring for the same person.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661570/admf6.pdf
SeeF6012.

Is he not simply having one of the allowed breaks in care?

ClairemHodgson
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Ianb - 07 February 2019 09:10 PM

If he is no longer providing 35 hours of care the husband is no longer entitled to the CA anyway although I know it can be difficult getting CA stopped unless the claimant does it themselves.
.

you can say that again.  one of my neighbours is known to be getting carers for what he has said is the 35 hours a week care he provides his son.  he hasn’t actually provided any care for the son for years - the wife and kids left due to DV some years ago.  despite the wife telling DWP this several times, he’s still getting it, she tells me…. gah.  the same man is getting other things i know he’s not entitled to (being as he is my neighbour and to be seen walking about quite happily with no restrictions on mobility).  the only person i’ve ever been tempted to dib in myself (i DO KNOW him….aarrrggghhhh)

Ianb
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Mike Hughes - 08 February 2019 09:28 AM

Is he not simply having one of the allowed breaks in care?

Didn’t think of that. Guess it would depend on whether he is likely to resume caring - which doesn’t sound all that likely.

Mike Hughes
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Ianb - 08 February 2019 10:57 AM
Mike Hughes - 08 February 2019 09:28 AM

Is he not simply having one of the allowed breaks in care?

Didn’t think of that. Guess it would depend on whether he is likely to resume caring - which doesn’t sound all that likely.

Will turn on the facts. Seen plenty of people sectioned for very short periods over the years.