Carers Allowance & HB

Cl [EU National] is carer for her daughter. Daughter in receipt of DLA HM MC. Cl claims CA.

CA awarded. Latter Council write to state that under HB reg 9 2006 she is not entitled to HB as she is no longer claiming JSA. Council then realise they made mistake and should have said Reg 10 2006 Act.

Carer does not live with daughter

My question is: Is a Carer receiving CA allowed to claim HB? If so how?

Don’t know if this is any help to you Bryan?  It doesn’t look like it incorporates recent changes.
http://www.housing-rights.info/03_1_2_Housing_benefit_law.php
Is it a HR issue or RtoR or what?

Cheers It is not a HRT or R2R as she worked back in Aug 13 and was in receipt of HB until an award of CA came through in Early Feb 14

Thus under Barry V Southwark Council

See http://www.bailii.org/ew/cases/EWCA/Civ/2008/1440.html

Para 40 Applying the general criteria indicated in that passage, during the two weeks in question (“a certain period of time”) Mr Barry was a person who “performs services for and under the direction of another person in return for which he receives remuneration”. He provided “a service of some economic value” to his employer, since otherwise he would not have received remuneration of £830 (gross) for his work during the two weeks.

My client earned more than this aND WAS NOT OUTSIDE THE 6 month rule for retaining worker status so should be fully entitled.

Also Council made an official error by sending incorrect letter to client stating HB Reg 9 in the first instance.

I think HB officer doesn’t understand and made a mistake. It should have been reg 10 but it shouldn’t be that as the above applies - or at least i think it does.

The recent HB amendment removed entitlement to those whose only right to reside was as a jobseeker (jobseeker for the purpose of the EC Directive was someone who had not worked here before claiming JSA).  So as long as he has a right to reside on some other basis then he can claim IS and HB.

15A (7) & (8) EEA Regs 2006 Enlightenment :-) Thanks