Carer Element not included in UC payment even tho CA is in payment

Cl has always lived with their brother and acted and his carer.
Cl was working than stopped due to ill health and they were awarded Cb ESA Support grp
Cl and brother then moved into social rented accommodation with joint tenancy.
At this stage cl needed help towards the rent and claimed UC and was awarded LCWRA and presumably the ESA award was changed to NS ESA
Brother is also in receipt of UC incl LCWRA
Both cl and brother are in receipt of PIP SR DL and brother also receives ERM.
Cl also claims CA, in relation to her brother, and actually receives it as a separate payment
Cl’s UC payment is as follows - SA + 50% HE + LCWRA less ESA award less CA award.
I completed a benefit calculation within Entitledto as I was expecting the cl to have the Carers Element added to their applicable amount but the BC didn’t include the CE either
What am I missing - why is the cl not eligible to receive the CE within their UC applicable amount?
Thanks for any insights

A single claimant can’t be paid the LCWRA Element and the Carer Element at the same time - the LCWRA Element is higher so takes precedence. See reg 40(4) UC Regs.

That said, whilst it will not make any difference at the moment, it may be worth checking that your client is actually down on the UC award as being a carer for the sake of future proofing in case they ever drop out of LCWRA. The DWP system will automatically identify and deduct Carers Allowance from an award where it is in payment, but will not automatically include the Carer Element having done so. The claimant needs to manually identify themselves as being a carer to get the element included.

There is something wrong on the income side in this case.  It ought to be impossible to receive both ESA(c) and CA as they overlap, therefore both should not be deducted as income in the UC calculation.

It is also possible that there is a missing SDP transitional element.  If the client has been on ESA long enough for it to have been originally “old style”, it looks as if there ought to have been an income-related top-up of the EDP and SDP - the brother would not have suppressed her SDP if he is on PIP(dl) himself.

This can all potentially be fixed and substantial arrears of both ESA and UC paid.  Do you know how long she was on ESA?  And what is the first half of the postcode if you feel you can reveal that without narrowing down her ID too much?

Ah thanks for the confirmation re CE entitlement

I dont know how long cl has been on Cb ESA prior but can find out however the cl has only been in receipt of PIP for just over a year and after they claimed UC. the first part of their postcode is CR4

Ah, in that case the SDP element won’t apply and the only “missing” ESA would possibly be the EDP (which might have been paid - the UC rate offers no clues about that).

But there definitely shouldn’t be two income deductions for ESA and CA.