carer element, mixed age couples

Cls are a mixed age couple who have just had first UC payment. The younger member is getting PIPS and has LCWRA the other is over pension age and getting SRP

This being the case it looks like they could get the LCWRA and Carers Elements. The elder could not be paid any CA due to the overlapping benefit rules but would they have to apply for it to get the Carer Element- the Regs only mention that the Carer Element would be paid if the cl. cant get CA because of ‘earned income’ and I don’t think that this definition covers SRP?

The way I read it, para (2) of the reg means that the element is allowed if either:

- the person would meet the entitlement conditions were they to make a claim for CA, or
- the person would fail to meet the entitlement conditions only because of earnings

In your case, the entitlement conditions would be met but the overlapping rules would prevent any CA from being paid.  Should get the element.

Meaning of “regular and substantial caring responsibilities for a severely disabled person”
30.—(1) For the purposes of Part 1 of the Act and these Regulations, 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.

(2) Paragraph (1) applies whether or not the person has made a claim for a carer’s allowance.

I agree with Peter, reg/30(1) states older partner has regular and substantial caring responsibilities if they satisfy conditions for CA (so 35 hours p/w and cared-for person iro PIP), or they would do so but for their earnings.

Reg.30(2) then goes onto make it clear they don’t need to have actually made a claim for CA to satisfy the above.

However, might be worthwhile thinking about making the CA claim now to establish underlying entitlement so that carer’s premium can also be paid from date of claim for Pension Credit when younger partner reaches SPA? Up to you and the client of course.

Thanks Paul, I hadn’t thought of that -it is is an excellent suggestion which I will put to the cl