Universal Credit for 16 year old carer

Hello,

Had a query from a colleague in another organisation about someone they are working with -

16 year old carer for mum (and dad sometimes) Not in education or training or work. Dad gets CA for mum so assume mum gets PIP/DLA.

16 year old has applied for UC.

I’ve had a look in CPAG and online and it seems to me he may run in to some issues with the claim but wanted to check.

Questions -

I know only one person can receive UC Carer Element/CA for someone, but will they allow him to claim UC at all? He does have regular and substantial caring responsibilities for a severely disabled person however his dad is already claiming CA for that person.

If he is allowed to claim UC will they accept that he is a full time carer and therefore not subject to work search requirements? Or is that contingent on receiving the Carer Element

Thanks

Reg 30 of the UC Regs says -

a person has regular and substantial caring responsibilities for a severely disabled person if they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that their earnings have exceeded the limit prescribed for the purposes of that allowance.

And the conditions for claiming carer’s allowance are in reg 4 of the SS(ICA) Regs 1976. As far as I can see you client meets these even if he can’t get CA because his dad is.

So I would argue he should be able to claim UC.

On conditionality reg 89 of the UC Regs allows for no work-related requirements where -

the claimant has caring responsibilities for one or more severely disabled persons for at least 35 hours a week but does not meet the conditions for entitlement to a carer’s allowance and the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement and a work availability requirement, including if such a requirement were limited in accordance with section 17(4) or 18(3) of the Act;

Worth a go?

edit: - or in fact would he qualify for no conditionality under reg 19(2)(b) of the welfare reform act anyway as he has regular and substantial caring responsibilities for a severely disabled person

I don’t think there will be entitlement at all, I’m afraid. The definition of “regular and substantial caring responsibilities for a severely disabled person” in reg 30 applies to the minimum age exception of being a carer, and that requires that no one else is receiving CA.

Daphne - 24 September 2019 12:11 PM

Reg 30 of the UC Regs says -

a person has regular and substantial caring responsibilities for a severely disabled person if they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that their earnings have exceeded the limit prescribed for the purposes of that allowance.

And the conditions for claiming carer’s allowance are in reg 4 of the SS(ICA) Regs 1976. As far as I can see you client meets these even if he can’t get CA because his dad is.

So I would argue he should be able to claim UC.

Unfortunately, it’s not so simple. See s70(7)-(7A) here.

Thank you Charles - i thought it seemed too good to be true!

I’m actually not so sure now! You could argue the son could be entitled to CA if they were to claim and it was decided that they were the main carer.

I don’t think DWP would accept that though. See for example the ADM F6023.

Swap?

Presuming the father could claim benefits in his own right, it would enable the son to claim UC?

Thanks all. Seems likely they may run in to problems then. Will see what happens as they have already made the claim before I spoke to them.

Yeah swapping was one of my suggestions if the UC is not successful. I will discuss this again with them.