LRD guides and handbook April 2017

State benefits and tax credits 2017

Chapter 1

Carers

[ch 1: pages 16-17]

The charity Carers UK explains that the key factors, which might impact on carers looking after people who are older, disabled or seriously ill, are as follows.



The carer element: Under UC, someone can get this if they have “regular and substantial caring responsibilities” for a “severely disabled person”. A person has “regular and substantial caring responsibilities” if they satisfy the eligibility conditions for Carer’s Allowance (even if they don’t make a claim), or would do so but for the fact that their earnings are too high (see Chapter 4 for Carer’s Allowance). 



A person is “severely disabled” if they receive the middle or higher rate of the care component of Disability Living Allowance, the daily living component of Personal Independent Payment, Attendance Allowance, Armed Forces Independence Payment or Constant Attendance Allowance (see Chapter 3).



The benefits of the person you are looking after: If a carer is in receipt of UC and the award includes a carer element this will affect the benefits of the person they are caring for if they receive a severe disability premium (or addition) within their benefits. This is the case even if they are not actually being paid Carer’s Allowance. However, the severe disability premium (or addition) has been abolished for UC. This means that if the person they are caring for is on UC, claiming Carer’s Allowance or having the carer element in a UC award would not have any impact on the UC of the person they care for. 


If the person being cared for has transitional protection, the situation may be even more complicated. Carers UK recommends calling its advice line 0808 808 7777 in these circumstances. 


The Claimant Commitment (see page 20): Carers UK advises that a carer’s Claimant Commitment cannot include work-related requirements if:



• they have “regular and substantial caring responsibilities for a severely disabled person” (see above); or



• they have caring responsibilities for one or more “severely disabled people” (see above) for at least 35 hours a week, but do not satisfy the qualifying conditions for Carer’s Allowance, providing the decision maker is satisfied that it would be unreasonable for them to meet a work search and work availability requirement.



However, carers who fall outside of these conditions are likely to be required to attend work-focused interviews and carry out some work preparation activities. They might also be required to search for work and be available for work; although the decision maker can decide that there are temporary circumstances (such as caring) which would make it unreasonable to meet these requirements. 


Again, whether carers will be affected by UC depends on their circumstances and where they live.