Carer's Allowance refused - Should I fight back alone, or do I need backup?

pmlindyloo

Do you intend to return to Australia or remain in the UK?

This might be the crux of the matter.

To claim Universal Credit with the carer's element you will need to show that you are habitually resident in the UK - you already have the right to reside as a British citizen. Since you appear to have been her for 3 months or more then proving you are habitually resident should not be a problem unless you intend to return to Australia.

I do not know whether there is an exemption to this if you are caring for a terminally ill member of the family. I believe there is if you were living in an EEA country.

These are the sort of questions you need to ask a specialist.

The alternative is to apply for Universal Credit and wait for a response.

shelleywa

Thank you.

Ref Universal Credit, I'm confused about the need to prove I can afford to live in the UK, to satisfy the 'Habitual Resident' requirement - I'm asking for financial help because I don't have 2 pennies to rub together!

I have contacted Macmillan, FORCE Charity and Carer's UK today. I don't suppose I'll get a response until Monday now, so I will provide an update then. Thank you all so much for your input

sheramber

Have a look here

https://www.citizensadvice.org.uk/benefits/british-and-irish-citizens-claiming-benefits/

calcotti

Information on the habitual Residence test here also https://www.turn2us.org.uk/Your-Situation/A-Migrant/Habitual-Residence-Test/What-is-Habitual-residence-in-fact

I think it will be sufficient to demonstrate that you intend to remain for the time being in order to care for your father even though this period of time is indeterminate - however it will be up to a Decision Maker to decide. I would suggest making a claim anyway rather than delaying.

sleepless_saver

If you're a returning UK citizen you don't need to prove you can afford to live here before you can claim benefits. The only issue is habitual residence. Universal credit is your only option, and you have nothing to lose by going ahead and making a claim now in my view. Delaying until you hear from other organisations will simply lose you money you may be entitled to for that period of time.

tomtom256

But if they have already failed HRT, then UC would not be an option as they would still need to pass HRT to be entitled to it.

3 months back in the country is the general rule for HRT.

sleepless_saver

tomtom256 wrote: »

But if they have already failed HRT, then UC would not be an option as they would still need to pass HRT to be entitled to it.

3 months back in the country is the general rule for HRT.

They haven't failed the HRT, they've failed the more restrictive residence conditions which apply to CA, AA and PIP.

calcotti

They have also been back in the UK for more than 3 months going by the statement that they applied for CA in January.

shelleywa

sleepless_saver wrote: »

If you're a returning UK citizen you don't need to prove you can afford to live here before you can claim benefits. The only issue is habitual residence. Universal credit is your only option, and you have nothing to lose by going ahead and making a claim now in my view. Delaying until you hear from other organisations will simply lose you money you may be entitled to for that period of time.

Thanks for that clarification on the "affording to live here" confusion.

I am reluctant to make a claim until I have spoken to an advisor, though, as my Dad receives AA and it looks like he could lose that if I start getting UC. His AA is higher than what my UC is likely to be, so we would end up worse off:

https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/universal-credit#sec1

calcotti

Your benefit claim and your father’s claim are separate, you are not a joined benefit unit.

Your father will not lose his AA if you claim UC. It is awarded to him because of his care needs. I can see nothing in the link you have provided that would lead you to think this would happen.

Does your father receive Pension Credit? If your father does receive Pension Credit this may include a Severe Disability addition. If so when you claim UC as a carer he will lose the Severe Disability addition. The same would also have happened had you been able to claim Carer’s Allowance.