UC partner student advice on leaving work

calcotti

tomtom256 wrote: »

I think you have missed the point, they will be changing the primary carer in order for him to give up work, which they could be sanctioned for, as it would fall under LV/giving up work, when in fact, nothing has changed in their circumstances other than 1 half of the couple wants to give up work to become the primary carer, as such it could be seen that they are giving up work to stay on/increase their means tested benefit.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/728459/admj2.pdf

Responsible carer
J2035 A claimant is a responsible carer where they are a
1. single person who is responsible for the child or
2. member of a couple where
2.1 the claimant or the other member of the couple is responsible for the child and
2.2 the claimant has been nominated by the couple jointly as responsible for the child.

Responsible carer and responsible foster parent – couples and nominations
J2037 Joint claimants can nominate which one of them can be regarded as either the
1. responsible carer or
2. responsible foster parent.

J2038 At any one time, only one of the joint claimants can be nominated as a responsible carer or a responsible foster parent.

J2039 Where there is more that one child, the nomination applies to all the children for whom either of the joint claimants is responsible.

J2040 Joint claimants can change which member is nominated
1. once in a 12 month period starting from the date of the previous nomination or
2. on any occasion where the Secretary of State considers that there has been a change of circumstances which is relevant to the nomination.

This does not indicate any DWP power to override the nomination by the couple themselves - but whether there is something hidden away that I have missed I don't know.

OP, I would suggest you ask DWP whether they will permit you to become the responsible carer and whether or not this will result in any work conditionality being applied to your partner (obviously this cannot be done if she meets the conditions that exclude this). I would suggest it would only be sensible to give up you work after you have had a ruling. Please do let us know how you get on.

Artybhoy

Hey thanks everyone for the advice I am booked into talk to a work coach on Tuesday so will get all the answers to my questions then I'll update and let you all know how it goes I don't see it being an issue at all but I don't want to do anything without permission so nothing will change untill it's ok'd yeah her student loan is used in calculation of uc so it's counted as it it's a wage and we do not get any bursary etc so nothing extra just student loan plus my wage atm

NedS

tomtom256 wrote: »

I think you have missed the point, they will be changing the primary carer in order for him to give up work, which they could be sanctioned for, as it would fall under LV/giving up work, when in fact, nothing has changed in their circumstances other than 1 half of the couple wants to give up work to become the primary carer, as such it could be seen that they are giving up work to stay on/increase their means tested benefit.

I view it the other way round - they are giving up work to become the primary carer, as the previous primary carer is no longer able to provide that care as they are now a full time student. The driving force here is the primary carer becoming a full time student, not the intent to give up work. So for me there is no issue here.


But this just highlights that these issues are sometimes subjective and different people can come to different conclusions when applying the same regulations.

calcotti

NedS wrote: »

The driving force here is the primary carer becoming a full time student, not the intent to give up work. So for me there is no issue here.

In this case the primary carer is already a full time student. Although she wants to spend more time on her studies there has been no fundamental change in circumstances which is the point tomtom256 was making. Although I think the couple have the right to switch the primary carer if they wish I think OP is right to be cautious and therefore asking the question in advance makes sense (and seeking written confirmation of the response).

Artybhoy

Hey my partner was without work as she had just given birth when on uc she became a student September so this has been the change as you says this is why we feel the need to switch rolls it's her honors year there's a lot of at home study and dissertation to be completed in not alot of time so it is becoming difficult to juggle 1 month on from change this is the reason for wanting to change. She hasn't always been a student before the claim she was stay at home parent and I was only income

tomtom256

Artybhoy wrote: »

Hey my partner was without work as she had just given birth when on uc she became a student September so this has been the change as you says this is why we feel the need to switch rolls it's her honors year there's a lot of at home study and dissertation to be completed in not alot of time so it is becoming difficult to juggle 1 month on from change this is the reason for wanting to change. She hasn't always been a student before the claim she was stay at home parent and I was only income

In that case then, it should make no difference to the claim.

Sorry I read it that she was already a full time student and primary carer and you where swapping over and giving up work to become carer, which is where a leaving voluntary decision would have been required.