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Carer’s Allowance / element
I’m sure this is a simple question for everyone else here, I just can’t seem to find the answers. The young son of a client of ours has just been granted DLA (middle rate personal care, lower rate getting around), and so I’m trying to make sure she gets her maximum entitlement. She is now receiving the disabled child element within her UC award, but should she also receive the carer’s element within UC, and/or make a claim for Carer’s Allowance?! Can she receive both of these carer-specific benefits, or only one, and which one leaves her better off? Carer’s Allowance is more per month, but is it treated as income and will therefore reduce her UC? Thank you in advance!
The disabled child element and carers allowance/element don’t interact at all so both can be paid without issue.
She can make a claim for carer’s allowance if she meets the conditions. Carers allowance is treated as unearned income for UC purposes and is deducted from her UC entitlement - but if she gets carer’s allowance, she would also get the carer’s element of UC so would be better off by that amount. Alternatively she could just get the carers element in her UC and just forget about carers allowance. Either way will put her in the same position financially. There are some fringe benefits of making the CA claim but mainly just that it results in class 1 rather than class 3 NI credits which may or may not be something your client cares about.
If it is helpful to think of it in old money, this is all the equivalent of getting CA, an IS top up and then CTC at the disabled child rate.
Hello, thank you - you are always so helpful!
Currently, she meets the conditions for Carer’s Allowance, though will want to work and study at some point, so I’ve advised her of the strict remit of CA. But as I understand from your message, as she currently meets the conditions for CA, as well as the carer’s element, she can receive both. Though CA will reduce her UC award by 63p on the £1, so she would still end up being, at least marginally and for the time being, better off receiving CA and the carer’s element?
.. Though CA will reduce her UC award by 63p on the £1, so she would still end up being, at least marginally and for the time being, better off receiving CA and the carer’s element?
No. As Elliot said CA is treated as unearned income and therefore deducted in full. As Elliot also said, tere is no financial gain claiming CA as well as UC but they would get Class 1 NI credits.
Thank you for all the advice! We have cancelled the Carer’s Allowance claim and she is receiving the carer’s element of UC now instead.
She has now also been granted the LCWRA element via a positive MR we submitted, which has been added to her UC statement for July. However for some reason, this has meant that the carer’s element which she had started receiving since her son was granted DLA has been removed (meaning that the underpayment issued due to the LCWRA element has been lower than it should have been too). Can you not receive the LCWRA and carer’s elements at the same time?
Also the carer’s and disabled child elements have only been backdated to June, when her son was granted DLA in April, so I had understood that she should be backdated these two elements back to the assessment period in which her son was granted DLA?
Can you not receive the LCWRA and carer’s elements at the same time?
The law says the LCWRA and carer elements cannot be paid to the same person.
The backdating of the disabled child element should be to the start of the AP in which the DLA award starts. Similarly the carer element although DWP often resist this if they had not previously been informed that claimant was caring for a child with a disability.
Hello - sorry probably another silly question on this. For another two clients, who are partners, if one gets PIP and LCWRA, the other (who is her carer full-time) can ask for the carer’s element? It would technically be paid to the same person because of UC paying couples one payment, but the person eligible for the carer’s element would a different person to the person who is eligible for LCWRA, so I’m hoping the couple can get both?!
Yes.
When Ian said “The law says the LCWRA and carer elements cannot be paid to the same person” what he means is that you can’t have a situation where the LCWRA and carer elements are both being paid in respect of the same individual. The bank account into which the money is being paid is not the important factor here.
In your case, one member of the couple is entitled to the LCWRA element and the other member of the couple is entitled to the carers element. As they are not the same individual, the rule doesn’t apply and both elements would be included in the award.
amazing, thank you Elliot! and apologies for coming to rely on your wisdom far too much, but it’s invaluable!
Yes.
When Ian said “The law says the LCWRA and carer elements cannot be paid to the same person” what he means is that you can’t have a situation where the LCWRA and carer elements are both being paid in respect of the same individual.
Apologies, badly phrased, I should have said the law says the LCWRA and carer elements cannot be paid FOR the same person.
Whilst I wholly understand the reasons for not claiming CA in these circumstances I have found that it is generally advisable to do so. The ability of UC to screw up a claim and throw in a month or several of nil entitlement is unparalleled in the history of social security. I am of the view that claiming CA, whilst of no immediate benefit, does mean that when the almost inevitable UC screw up happens there is at least £67.60 plus the DLA continuing to be paid until matters are sorted.