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Carer Element and Carers Allowance/Carer Premium- UC and Legacy
Is it possible for one person to receive the Carer element of Universal Credit and for another person to receive Carers Allowance (and consequently a Carer Premium on Legacy) for looking after the same person?
https://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/29
https://www.legislation.gov.uk/ukpga/1992/4/section/70/enacted
Our interpretation of the legislation is that it is since the two rules seem to operate separately of one another and UC Carers element is not related to a CA claim just the criteria. I think that the rules suggest that if the second person was not on legacy but instead claiming Universal Credit, they would not be entitled to the carer element.
However CPAG page 74 states’ if someone other than your partner is caring for the same person, only one of you can get CA or the carer element for that care’.
I’m not sure whether I am missing something and I always like to question the rules where potentially people will be better off.
Any help would be gratefully appreciated.
Thank you Charles, apologies for the delay in my response.
The DWP have processed the element and I have queried this with them twice but they still inform me that this is correct.
I best get back onto them otherwise my client is going to have a hefty overpayment when they realise.