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UC Carers Element Question
- Gary
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5 months 4 weeks ago #291541 by Gary
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Replied by Gary on topic UC Carers Element Question
Hi Tammy
You are incorrect when you say that you have to be in receipt of Carers Allowance to get the Care Element of UC.
To receive the care element, you must have regular and substantial caring responsibilitiesfor a severely disabled person. The rules are the same as for Carer's Allowance, but with no earnings limit.
With Universal Credit, there is no such thing as an Official Error, unlike legacy benefits.
Gary
You are incorrect when you say that you have to be in receipt of Carers Allowance to get the Care Element of UC.
To receive the care element, you must have regular and substantial caring responsibilitiesfor a severely disabled person. The rules are the same as for Carer's Allowance, but with no earnings limit.
With Universal Credit, there is no such thing as an Official Error, unlike legacy benefits.
Gary
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- Gordon
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5 months 4 weeks ago #291549 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC Carers Element Question
TC
There is no earnings limit beyond the standard UC one for the Carer's Element. See
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—
(a)they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—
(i)their earnings have exceeded the limit prescribed for the purposes of that allowance
www.legislation.gov.uk/uksi/2013/376/regulation/30
Gordon
There is no earnings limit beyond the standard UC one for the Carer's Element. See
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—
(a)they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—
(i)their earnings have exceeded the limit prescribed for the purposes of that allowance
www.legislation.gov.uk/uksi/2013/376/regulation/30
Gordon
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- Steven
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5 months 4 weeks ago #291592 by Steven
Replied by Steven on topic UC Carers Element Question
Another question if I may regarding the care element. Both my wife and I provide care to our daughter - over 35 hours each and it is myself who receives carers allowance but would my wife be able to claim the care element of UC for our daughter?
I know that both claimants on a joint claim can't receive a care element each for looking after the same person but I was unsure if the person who's claiming the carers allowance benefit for the child has to be the one who claims the UC carers element or if it can be the other person on the claim who's not getting the carers allowance.
Hopefully what i'm asking makes sense.
Thank you.
I know that both claimants on a joint claim can't receive a care element each for looking after the same person but I was unsure if the person who's claiming the carers allowance benefit for the child has to be the one who claims the UC carers element or if it can be the other person on the claim who's not getting the carers allowance.
Hopefully what i'm asking makes sense.
Thank you.
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- Gary
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5 months 4 weeks ago #291628 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC Carers Element Question
Hi Steven
With UC the claimant who claims carers allowance can also claim the care element.
CA will be deducted £ for £ from the UC applicable amount.
Gary
With UC the claimant who claims carers allowance can also claim the care element.
CA will be deducted £ for £ from the UC applicable amount.
Gary
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- Steven
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5 months 3 weeks ago #291633 by Steven
Replied by Steven on topic UC Carers Element Question
Sorry, I mustn't have explained myself properly. I was asking if it had to be the person who claims the carers allowance who claims the carers element or if it can be the other person on the UC claim who's not claiming carers allowance but also has care responsibilities for the same person of over 35 hours per week.
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- Gary
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5 months 3 weeks ago #291634 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC Carers Element Question
Hi Steven
It does not matter; to get the care element you must have regular and substantial caring responsibilities for a severely disabled person. The rules are the same as for Carer's Allowance, but with no earnings limit.
If you are a member of a couple both with caring responsibilities, you are both entitled to an element providing that you each care for a different person.
Gary
It does not matter; to get the care element you must have regular and substantial caring responsibilities for a severely disabled person. The rules are the same as for Carer's Allowance, but with no earnings limit.
If you are a member of a couple both with caring responsibilities, you are both entitled to an element providing that you each care for a different person.
Gary
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