HOW TO STOP CARER ELEMENT PAYMENT FROM MY UC

Anna_Mc_Kinnon

hello I am new to this hopefully i am on the right page......i have a question about Universal credit/carer element .

I AM CARING FOR AN ELDERLY GENTLEMAN ON AA.

HE WANTS TO CLAIM HIS SEVERE DISABILITY ALLOWANCE AND I FOUND OUT I MUST STOP MY CARERS ALLOWANCE FIRST.       I HAVE DONE THAT.

I AM ALSO ON UC.

THEY HAVE BEEN INFORMED.

BUT THEY ARE STILL PAYING ME '' CARER ELEMENT''

BECAUSE OF THIS CARER ELEMENT.....PC   DOES NOT PAY HIM HIS SDA.  BEEN TOLD TO ASK UC TO STOP THIS CARER ELEMENT FIRST.

CAN YOU TELL ME HOW TO GO ABOUT TELLING UC TO STOP THIS CARER ELEMENT PLEASE.

CAN I TELL UC I AM AN UNPAID CARER NOW FOR OVER 30 HOURS A WEEK BUT UNDER 35 HOURS......AND WILL I BE STILL EXEMPT FROM HAVING TO LOOK FOR WORK ??????

MANY THANKS FOR ANYBODY'S HELP OUT THERE.  ANNA

Anna_Mc_Kinnon

I have been in touch with UC through my Journal but they are really not helpful at all.they dont seem to know anything or are not willing to help.

LUCKILY MSE EXIST AND I THANK THE BIG BOSS FOR ALL HIS HELP.

marcia_

Anna_Mc_Kinnon said:

hello I am new to this hopefully i am on the right page......i have a question about Universal credit/carer element .

I AM CARING FOR AN ELDERLY GENTLEMAN ON AA.

HE WANTS TO CLAIM HIS SEVERE DISABILITY ALLOWANCE AND I FOUND OUT I MUST STOP MY CARERS ALLOWANCE FIRST.       I HAVE DONE THAT.

I AM ALSO ON UC.

THEY HAVE BEEN INFORMED.

BUT THEY ARE STILL PAYING ME '' CARER ELEMENT''

BECAUSE OF THIS CARER ELEMENT.....PC   DOES NOT PAY HIM HIS SDA.  BEEN TOLD TO ASK UC TO STOP THIS CARER ELEMENT FIRST.

CAN YOU TELL ME HOW TO GO ABOUT TELLING UC TO STOP THIS CARER ELEMENT PLEASE.

CAN I TELL UC I AM AN UNPAID CARER NOW FOR OVER 30 HOURS A WEEK BUT UNDER 35 HOURS......AND WILL I BE STILL EXEMPT FROM HAVING TO LOOK FOR WORK ??????

MANY THANKS FOR ANYBODY'S HELP OUT THERE.  ANNA

if you are no longer a carer, under DWP rules, you will be expected to look for work. 

Anna_Mc_Kinnon

Hello Marcia

I am still a carer for the same person it is just a question of the right wording     right.

I have stopped my carers allowance but now I found out the carer element is the problem with Pension Credit,

If UC keeps paying this amount then my patient cannot get his Severe Disability Premium.so I can care for him up to 34 hours but not 35 hours.

I am caring for someone who is on Attendance Allowance the highest rate  indefinitely.

This does not make any sense.   don't you think so.

according to your answer......where did you read that I am no longer a carer ?????

thank you for trying to help

marcia_

Anna_Mc_Kinnon said:

Hello Marcia

I am still a carer for the same person it is just a question of the right wording     right.

I have stopped my carers allowance but now I found out the carer element is the problem with Pension Credit,

If UC keeps paying this amount then my patient cannot get his Severe Disability Premium.so I can care for him up to 34 hours but not 35 hours.

I am caring for someone who is on Attendance Allowance the highest rate  indefinitely.

This does not make any sense.   don't you think so.

according to your answer......where did you read that I am no longer a carer ?????

thank you for trying to help

 You are not a carer in the dwp eyes, not mine, if not providing 35hrs of care. Part time care doesn't give rise to no work requirements. 

kaMelo

I'm not sure whether Regulation 30 would apply here,

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; or

(ii)they are—  
(aa)resident, or treated as resident, in Scotland; or

(bb)resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b)they are entitled to carer support payment.]

(2) [F2Paragraph (1)(a)] applies whether or not the person has made a claim for a carer's allowance.

Which would seem to imply that you can be deemed to have substantial caring responsibilities (so placed into the no work-related requirements group) just by qualifying for carers allowance.
You don't have to have to actually claim it, just qualify for it..

Spoonie_Turtle

Anna_Mc_Kinnon said:

Hello Marcia

I am still a carer for the same person it is just a question of the right wording     right.

I have stopped my carers allowance but now I found out the carer element is the problem with Pension Credit,

If UC keeps paying this amount then my patient cannot get his Severe Disability Premium.so I can care for him up to 34 hours but not 35 hours.

I am caring for someone who is on Attendance Allowance the highest rate  indefinitely.

This does not make any sense.   don't you think so.

according to your answer......where did you read that I am no longer a carer ?????

thank you for trying to help

You can still care for him for as long as he needs each week even if you're not claiming anything for it.  It makes no difference to DWP.

But, if you're no longer 'officially' a carer - i.e., claiming the carer element - then DWP won't view you as a carer and will expect you to look for work (unless you have a severely disabling health condition yourself and have a work capability assessment to prove it to their satisfaction, or have primary responsibility for a young child). 

That is the way the system has been set up and the only people who can do anything about it are those who make the rules, so if you don't feel it's fair you would need to write to your MP to complain or see if any charities are campaigning to get the government to change it.  This board isn't for discussing policy and even if that were allowed, nothing that's said here would have any effect anyway.


Is it that he needs the money, or is it that he would be entitled to Pension Credit if he claimed the SDA?  It's a bit of a left-field idea but if he's already claiming PC and it's that he needs the extra money, is it a possibility that you could pay him your carer element as a compromise? 
That way he'd still get a bit extra money (about half of the SDA) but you could still claim the carer element and be free to care for him due to having no work requirements.  Which would also leave you in the same financial position as if you could do what you're hoping to, i.e. cancel the carer element and not need to look for work.





Edit: https://assets.publishing.service.gov.uk/media/61e13caa8fa8f50585ecbab1/adm-j2.pdf
Chapter J2 of the official guidance actually just says that a carer is someone who cares for someone claiming a qualifying benefit and satisfies the conditions for claiming Carers Allowance even if they don't claim it.  So *technically* in theory they could still put you in the right work-related group (i.e., no work-related requirements) but in reality the system will insist that you're in the all work-related requirements group if you don't claim the carer element.

(A bit like for being referred for a work capability assessment, the official info just says 'medical evidence' but in reality they only accept fit notes as that evidence.)

I guess the potential is there for someone to test it and take it to tribunal if need be, but it would be a lot of time, effort, hassle, stress, AND likely being sanctioned for not complying with work requirements in the meantime whilst fighting it, all on top of full-time caring responsibilities.  Which is one reason things stay the way they are, the people who need it to change aren't able to fight for the change they need.  Realistically the only kind of person who might be in a position to do that would be someone with very financially comfortable family (outside of their benefit unit) who can help them out with money whilst they go through the process, and with the mental energy to take on that fight on top of their caring and any other daily responsibilities.

[Parents of very severely disabled children who need both of them to care for the same child also fall foul of the rules, they can't both be officially down as a carer for the same child so one of them is expected to look for work, unless there's some other circumstance that puts them in the no work-related requirements group.]

So, the overall explanation is the system is set up for what they assume is true for the majority and doesn't have wiggle room for reality.

Anna_Mc_Kinnon

wonderful....lucky for people like you around.  I believe Marcia is completely wrong.

35 hours you are full time carer  but 34 hours you are not !!!!!   does not make sense.

now it is not fair for UC to deduct the carers allowance . ok   I can get it back by re applying for carers allowance.  and give him my carer element  better something than nothing..

the fact that if I say I am still caring for 30 hours or more but under 35  , then why should I have to look for work .

You mean one hour's difference would make such difference. so stupid.

you know old people become so stubborn in their old days and I would be surprised if he really needs the money or the fact that he found out about SDP and he said he wants it.he just does not realise those new laws about carers allowance and now this carer element .....

thanks for all your help.

would you advise me to re start from the beginning.......re claim carers allowance and take it from there ????

thanks a lot

anna

tomtom256

kaMelo said:

I'm not sure whether Regulation 30 would apply here,

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; or

(ii)they are—  
(aa)resident, or treated as resident, in Scotland; or

(bb)resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b)they are entitled to carer support payment.]

(2) [F2Paragraph (1)(a)] applies whether or not the person has made a claim for a carer's allowance.

Which would seem to imply that you can be deemed to have substantial caring responsibilities (so placed into the no work-related requirements group) just by qualifying for carers allowance.
You don't have to have to actually claim it, just qualify for it..

But if SDP is in payment, they don't qualify for Carers Allowance, as it's one or the other and not both, also no mention of any earnings, as it appears OP just wants the SDP, which is generally a lot more than carers allowance and carers element.

OP, to end the carers element, just report a change that you are no longer caring via the report a change part of the claim. But you will be expected to look for and be prepared to take up any paid employment, unless you meet any other exemption criteria.

8dayweek

To update your UC Account you would need to update the “Caring for someone” section (under Home - Report a change) to say either you are no longer a Carer or that you are still a Carer, but you provide care for less than 35hrs per week. 

The Carers Element will then stop. 

You will be reallocated back to your natural Work Group based on the rest of your circumstances, which may indeed mean searching for work. 

The SDA / SDP the person you currently care for will receive is effectively in recognition of the fact they have a disability benefit and nobody caring for them - so realistically they can’t have it both ways. 

kaMelo

tomtom256 said:

kaMelo said:

I'm not sure whether Regulation 30 would apply here,

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; or

(ii)they are—  
(aa)resident, or treated as resident, in Scotland; or

(bb)resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b)they are entitled to carer support payment.]

(2) [F2Paragraph (1)(a)] applies whether or not the person has made a claim for a carer's allowance.

Which would seem to imply that you can be deemed to have substantial caring responsibilities (so placed into the no work-related requirements group) just by qualifying for carers allowance.
You don't have to have to actually claim it, just qualify for it..

But if SDP is in payment, they don't qualify for Carers Allowance, as it's one or the other and not both, also no mention of any earnings, as it appears OP just wants the SDP, which is generally a lot more than carers allowance and carers element.

OP, to end the carers element, just report a change that you are no longer caring via the report a change part of the claim. But you will be expected to look for and be prepared to take up any paid employment, unless you meet any other exemption criteria.

That thought did occur to me after I posted, it's an either/or situation. Thanks for clarifying.