Carer's Allowance 'Irregular Earner'?

[Deleted User]

Hi, I've been claiming carers for my wife for a few years now and except for a short period of time in the middle of it they've always decided that I'm an 'irregular earner'. (the agent did something I think he shouldn't have which is why we had no issues at one point)

I actually work 14.5 hours a week (originally 16.5) split between Fridays & Saturdays but get paid calendar monthly. Obviously the number of Fridays & Saturdays in each calendar month varies so my monthly wage does too. About 1 in every 4(?) months is therefore 'over' the earnings limit and ineligible. My wife does get pension credit as a top up which tends to complicate the actual amount I get.

The company I work for can't pay me weekly, is there anything I can do as I lose the will to live talking to them. I have tried 2 written letters to no avail, the 2nd one not even answered. I have to send in every single payslip, currently 2 at a time and I have to phone them at least once every claim to get them to process it.

calcotti

Colin_Maybe wrote: »

My wife does get pension credit as a top up which tends to complicate the actual amount I get.

Your wife's pension credit has no impact on your Carer's Allowance. Your earnings and whether or not you are receiving Carer's Allowance will however have a bearing on how much Pension Credit your wife is entitled to.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721751/dmgch15.pdf

Relevant guidance is paragraphs 15400 onwards.

You need to explain to DWP that although you are paid monthly your earnings generally represent earnings for 4 weeks with the occasional payment that represents 5 weeks and ask for calculation of your weekly account to be based on a longer period than just the month.

The guidance says that DWP should look at each pay period and allocate the payment to the number of benefit weeks between these two dates - see paragraph 15425.

The weekly amount is calculated in accordance with paragraph 15433 (monthly payment x 12 / 52).

However the DM has discretion too vary the calculation to give a more representative average - see paragraph 15452. I think this is what you should highlight to DWP (on the grounds that the income varies). Paragraph 15454 explains in more detail what steps the DM should take to establish a regular cycle when fluctuating earnings occur. In your case averaging over 3 months should work.

xylophone

Had you thought of making a pension contribution?

https://www.litrg.org.uk/latest-news/news/180205-any-questions-carers-allowance-%E2%80%93-can-making-pension-contributions-help-you

[Deleted User]

calcotti wrote: »

Your wife's pension credit has no impact on your Carer's Allowance. Your earnings and whether or not you are receiving Carer's Allowance will however have a bearing on how much Pension Credit your wife is entitled to...

Thanks for that, I can see I've got a lot of reading to do. I have spoken to them many times but no one has ever been able to explain that (or are deliberately not doing so).

I was under the impression that they were taking each monthly payslip by itself and simply dividing by 4.333 and I have spoken to people who have looked at the 2 or 3 payslips and stated that one or more would not be counted by just (apparently) looking at each monthly total.

I have gotten a payment for December & January's claim recently of just £70 odd, one of the months was 'high' having 5 weeks included compared to 4 for the other but I'm clueless as to how how they got it down to just £70 odd then.

Her PC does vary dependant on when I get paid, but it actually goes up by £30 odd when I get my CA paid and then back down to £10.01 as they claim I'm no longer getting CA.

calcotti

With your wife’s Pension Credit her entitlement is increased by a carer addition forany week in which you are entitled to Carer’s Allowance. The carer addition is worth £36.85/week. However the Carer’s Allowance you receive is taken into account and deducted, as are your earnings.

[Deleted User]

Finally got this sorted by the looks, a senior decision maker has been going through it for 4 weeks (the PC interaction has slowed it down) and I got a call back from an agent/DM yesterday who has the unenviable job of having to input all of the necessary dates and amounts.

They've actually gone back to 2015 (when I first claimed I think) and recalculated all of my payments and will pay me any outstanding amounts as well as now putting me down as a regular 4-4-5 earner (no more payslips sent in, hooray. There were some overpayments (no idea how or how much) but they told me they're writing them off due to the hassle I've had over a number of years with them.

Just got to wait for the letters to see what amounts we're talking about next week and to see what (if anything) the PC people send the wife.

Thanks for the help @calcotti

[Deleted User]

Sadly this is still ongoing after 3 follow up calls from myself to see what's happening.

We've finally had some movement but in an unexpected direction. The wife got a letter today(the very first one we've had from anyone) from the pension people to state that they've stopped the PC as we are over the earnings limit. Comparing a letter from January to todays, the only major difference is that they've included £66.15 as CA for myself as income whereas in January's letter there is no amount at all included.

I'm hopeful that this is just a temporary measure while they're sorting things out. Perhaps there'll be more post tomorrow or Monday, if not I'll have to call them once again.

Unless the above makes sense to anyone else on here? Stopping the PC will (I think) have consequences re. rent & community charges.

calcotti

Colin_Maybe wrote: »

We've finally had some movement but in an unexpected direction. The wife got a letter today(the very first one we've had from anyone) from the pension people to state that they've stopped the PC as we are over the earnings limit. Comparing a letter from January to todays, the only major difference is that they've included £66.15 as CA for myself as income whereas in January's letter there is no amount at all included.

I'm hopeful that this is just a temporary measure while they're sorting things out. Perhaps there'll be more post tomorrow or Monday, if not I'll have to call them once again.

Unless the above makes sense to anyone else on here? Stopping the PC will (I think) have consequences re. rent & community charges.

As explained at post # 5

With your wife’s Pension Credit her entitlement is increased by a carer addition for any week in which you are entitled to Carer’s Allowance. The carer addition is worth £36.85/week. However the Carer’s Allowance you receive is taken into account and deducted, as are your earnings.

Carers Allowance is included as income.

In the calculation of your maximum Pension Credit entitlement (before the income is deducted) there should be a Carer Addition.

Carers Allowance is £66.15

The Carer addition is £36.85.

The net affect is that £29.30 of the Carers Allowance is deducted from what would otherwise be the standard allowance.

You are correct that if guarantee Pension Credit is not in payment there will be no automatic entitlement to Housing Benefit and Council Tax Reduction. You would have to submit all your savings and income information to your local authority for them to assess ongoing entitlement.

[Deleted User]

calcotti wrote: »

As explained at post # 5

With your wife’s Pension Credit her entitlement is increased by a carer addition for any week in which you are entitled to Carer’s Allowance. The carer addition is worth £36.85/week. However the Carer’s Allowance you receive is taken into account and deducted, as are your earnings.

Carers Allowance is included as income.

In the calculation of your maximum Pension Credit entitlement (before the income is deducted) there should be a Carer Addition.

Carers Allowance is £66.15

The Carer addition is £36.85.

The net affect is that £29.30 of the Carers Allowance is deducted from what would otherwise be the standard allowance.

You are correct that if guarantee Pension Credit is not in payment there will be no automatic entitlement to Housing Benefit and Council Tax Reduction. You would have to submit all your savings and income information to your local authority for them to assess ongoing entitlement.

Sorry, I did understand that bit but for 4 years they've paid me variable amounts of carers and the wife has been getting £10.01(now £12 odd) PC plus the CP of £34 odd (now £36.85) on top. I'll have to check the older letters for amounts but they've never stopped the PC entirely so I'm puzzled as to why they've done it now.

[Deleted User]

I've checked previous award letters now I'm home and the change they've made is that under 'Your Income' and 'Benefits' they've still got the wife's 'State Pension' @ £149.58 but for the very first time in 5 years they've listed 'Carer's Allowance' for me @ £66.15 and of course my wages under 'Earnings'.

I don't understand why they've not included this for the last 5 years? Is this normal and they've messed up themselves for 5 years? All of the letters have had an amount under the 'Your Appropriate Amount' section of 'Because Your Partner is a Carer' of (presently) £36.85.

I don't know if I should be worried now and the next few posts are going to be picked up in trepidation.

calcotti

The Carer’s Allowance should always been included as income if you are receiving it. The carer addition is not applicable if Carer’s Allowance is not in payment.

You can check Pension Credit entitlement here https://www.gov.uk/pension-credit-calculator

Unfortunately if they have previously included the carer addition but not the Carer’s Allowance it is likely there has been an overpayment of Pension Credit. However, in the circumstances, I think this is official error which means that DWP cannot recover it (although they may try).

Do get help from local advice agency if you need it. It can be easier to advise with all paperwork available whereas advice on this forum relies on what you post and there may be bits of information you have missed.