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company director and carers allowance

Kizza
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Advice and Guidance Coordinator, CCP Gloucestershire

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Total Posts: 20

Joined: 17 July 2012

I’m going round in circles and may be over complicating things. Can a company director get carers allowance if they satisfy the earnings rule?

Have a client who is thinking of taking someone else on in the business so she can look after her partner who getting PIP.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Total Posts: 618

Joined: 17 June 2010

Cant see any reason why not -see Regulation 8 Social Security (Invalid Care Allowance) Regulations 1976 SI176/409 as amended

Circumstances in which a person is or is not to be treated as gainfully employed

8.—(1) For the purposes of section 70(1)(b) of the Contributions and Benefits Act] (condition of a person being entitled to 1a carer’s allowance] for any day that he is not gainfully employed) a person shall not be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded £132 and, subject to paragraph (2) of this regulation, shall be treated as gainfully employed on every day in a week if his earnings in the immediately preceding week have exceeded £132.

(2) There shall be disregarded for the purposes of paragraph (1) above a person’s earnings—

(a)for any week which under paragraph (2) of regulation 4 of these regulations is treated as a week in which that person satisfies the requirements of paragraph (1) of that regulation

[ Edited: 20 Jan 2023 at 06:12 pm by Stainsby ]