Carer Element when carer does not have R2R
Cl is part of a couple, the other person in the couple is being paid CA.
They have made a joint claim for UC but the partner has been found not to have R2R and the claim will be paid as if the cl was a single person.
Partner is still getting CA paid so I expect that to be counted as income under Reg.22 of the UC regs but I’m not quite clear if the Carer Element is payable or not, Reg 29 says that the Carer Element is only payable if the CLAIMANT has ‘regular and substantial’ caring responsibilities.
As the partner is excluded from being a UC claimant by the R2R rules I assume that the Carer Element can’t be paid but I was wondering if anyone had anything more precise than that.
If both members of the couple are eligible for UC, then it’s a joint claim so if either one is a carer, they are a “claimant” and reg 29 is met.
If one of the couple is ineligible, then the eligible claimant is claiming as a single person - see reg 3(3) - so the carer is not a “claimant” and the element is not included.