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Carer Element
I have a couple both 19 years old. Applicant is in receipt of PIP enhanced rate. Partner is full time student at University studying Mechanical & offshore engineering and receiving a student loan £4750.00 per year. Applicant is in receipt of Universal Credit. While checking the UC award I noticed they were getting the Carer Element of £162.92. I thought to be entitlement to the carer element you have to be in receipt or have underlying entitlement to carers allowance. You do not qualify of carers allowance if you are a full time student.
Is this correct ?
I’ve sent you this but as far as I can see, he’s not entitled but happy for wiser heads to correct me.
https://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/30
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.
(3) But a person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.
Although condition 3 relating to not being in gainful employment doesn’t have to be met to get Carer Element, all the other conditions do.
I would say if the guy is in FTE, he’s not entitled to carer element.