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Chapter F6: Carer element

Contents
F6001:Introduction

Conditions for the award of a carer element
F6010:Carer test
F6011:Caring responsibilities - joint claimants
F6012:Two or more carers for the same person
F6013:No election as to who is entitled to the carer element
Entitled to a carer element and LCW or LCWRA element
F6014:One claimant entitled to both
F6016:Joint claimants each entitled
Regularly and substantially
F6020:General test
F6021:No claim for CA
F6022:Earned income from caring
F6023:Conditions for entitlement to carer's allowance
F6024:Breaks in the regular and substantial caring
F6025:Run on after death of disabled person
F6030:Meaning of severely disabled person

Chapter F6: Carer element

F6001 Introduction

The maximum amount of UC will include a carer element for each eligible adult
claimant in the benefit unit that satisfies a carer test.

F6002

Carer element is paid at one rate. If the conditions for a carer element are met, the
carer element, at 148.61 per month, should be included in the claimant's maximum
amount (1) of UC.
1 WR Act 12, s 8

[F6003-F6009]

Conditions for award of a carer element

F6010 Carer test F6011

The conditions for the award of a carer element are that the claimant has regular
and substantial caring responsibilities for a severely disabled person (1).
Note 1: see F6020 for the meaning of regular and substantial caring.
Note 2: see F6030 for the meaning of severely disabled person.
1 WR Act, s 12(2)(c); UC Regs, reg 29(1)

F6011 Caring responsibilities - joint claimants

Where the conditions for the award of a carer element are met by both joint
claimants, then a carer element for each of them should be included in their
maximum amount (1). But only if they are not caring for the same severely disabled
person.
Note: It is possible that both members of a couple are severely disabled themselves
and each one meets the criteria set out in F6010 for the care they provide for the
other or another severely disabled person. In such a case a carer element should be
included for each of them.
1 UC Regs, reg 29(2)

Example

Max lives with his wife Amy and they are both entitled to CA. They each satisfy the
conditions for the award of a carer element. At the time of the UC claim the standard
allowance is 493.95 pcm and the rate of carer element is 148.61 pcm. Their
maximum amount is 791.17 pcm (493.95 + 148.61 + 148.61).

F6012 Two or more carers for the same person

Where two or more people are regularly and substantially caring for the same
severely disabled person, only one of them will be entitled to have the carer element
included in the UC award. It will be up to them to choose and elect who will be
entitled to the carer element. If there is no joint election the Secretary of State should
decide who should have entitlement to the carer element (1)
1 UC Regs, reg 29(3)

Example 1

Max lives with his wife Amy and they are both providing regular and substantial care
for Amy's mother. They would each satisfy the conditions for the award of a carer
element. However as the care they provide is for the same severely disabled person
only one of them can qualify for a carer element. The couple elect that Amy should
have entitlement to the carer element.

Example 2

Bill and Ted are brothers who both provide care for their father George. Bill is in
receipt of UC and provides regular and substantial care for his father. Ted also
provides regular and substantial care for George, he does not get UC, and neither
brother is in receipt of CA for caring for George. As Bill and Ted both provide the
relevant care they have to elect who should have entitlement to the carer element.
They decide that as Bill is in receipt of UC he would benefit most from receipt of the
extra allowance and they nominate Bill to receive the carer element.
Subsequently Ted is awarded CA , the consequence of this award means Bill cannot
be regularly and substantially caring for George and the carer element is withdrawn
from his UC entitlement (to be regularly and substantially caring Bill has to satisfy the
CoE for CA and he cannot do that where CA is awarded to somebody else).

F6013 No election as to who is entitled to the carer element

Where the relevant people have failed to make an election as to who should receive
the carer element the DM will have to make the determination by having regard to all
the circumstances. DMs could consider, when deciding who should receive the carer
element,
1. Which carer made the first claim?
2. Has the original carer relinquished payment to CA?
3. Does the disabled person live with one of the carers but not the other?
4. Are the two carers married/partners but living apart and disputing the care?
5. If the disabled person is a child, which one of the carers receives the child
benefit?
6. Will the DM decision adversely affect one carer's financial position more than
the other?
7. Could more info be obtained by arranging for a VO to see both carers
individually?
Entitled to a carer element and LCW or LCWRA element

F6014 One claimant entitled to both L4092

Where a claimant would qualify for
1. the carer element and
2. the LCW or LCWRA element only one of those elements may be included in the award.

F6015 L4092

The element to be included is the LCWRA if the claimant qualifies for it or, if not, the
carer element (1). See ADM Chapter F5 for guidance on LCW and LCWRA.
1 UC Regs, reg 29(4)

Example

Joe and Helen are entitled to UC. Joe cares for their severely disabled son Sean and
in doing so would qualify for the carer element. Joe also has LCWRA. Joe and
Helen's award of UC includes the LCWRA element but not the carer element.

F6016 Joint claimants each entitled

Where each of a joint claim couple qualifies for a different element, either
1. the carer element or
2. the LCW or LCWRA element then both of those elements may be included in the award. Example
Joe and Helen are entitled to UC. Helen cares for their severely disabled son Sean
and in doing so would qualify for the carer element. Joe has LCWRA. Joe and
Helen's award of UC includes the LCWRA element and the carer element.

[F6017-F6019]

Regularly and substantially

F6020 General test F6010 F6021

A UC claimant will have regular and substantial caring responsibilities (1) where they
1. satisfy the conditions of entitlement for CA (2) or
2. would satisfy the conditions of entitlement for CA if their earnings did not
exceed the prescribed limit for CA (3).
1 UC Regs, reg 30; 2 SS CB Act 92, s 70; 3 s 70(1)(b)

F6021 No claim for CA

The test at F6020 can be satisfied whether or not the claimant has made a claim for
CA (1). Where no claim for CA has been made the UC DM will have to consider
whether the claimant could satisfy the conditions for entitlement to CA.
1 UC Regs, reg 30(2)

Example

Tim receives DLA at the middle rate and confirmed that he is cared for by Mary, who
is on UC, for at least 35 hours per week. Mary has not made a claim to CA but still
receives the carer element as part of her UC award.

F6022 Earned income from caring

A carer element is not appropriate where the claimant derives earned income from
their caring responsibilites (1). See ADM chapter H3 and H4 for the meaning of earned
income.
1 UC Regs, reg 30(3)

F6023 Conditions for entitlement to carer's allowance F6024

The conditions for entitlement to CA are that the claimant
1. is engaged in caring for a severely disabled person for any day (see DMG
60035 - 60042) and
2. is regularly and substantially engaged in caring for that person for at least 35
hours a week (see DMG 60035 - 60042) and
3. is not gainfully employed (see DMG 60051 - 60052) and
4. is aged 16 or over (see DMG 60058) and
5. is not in FTE (see DMG 60068 - 60077) and
6. satisfies prescribed conditions of residence or presence in GB (see DMG
Chapter 07 Part 2).
7. no one else is already entitled to CA.

F6024 Breaks in the regular and substantial caring

A temporary break or series of temporary breaks in care may be ignored, in certain
circumstances, enabling a person who does not satisfy the "caring condition" at F6023.2 to be treated as satisfying that condition. DMG 60045 provides guidance
on the circumstances where temporary breaks still amount to regular and substantial
caring.

F6025 Run on after death of disabled person

Where
1. a claimant, who is providing regular and substantial care, is awarded a carer
element and
2. the severely disabled person, in respect of whom that care is provided, dies
the carer element award will continue in payment until the end of the second
assessment period following the assessment period in which the death occured (1).
1 UC Regs, reg 37

Example 1

Amy is entitled to UC, which includes the carer element, for an assessment period
that runs from the 10th of each month. The person she is caring for dies on
12.08.13. the carer element is included in the UC award up to and including
09.11.13.

Example 2

Max lives with his wife Amy and they are both entitled to CA. They each satisfy the
conditions for the award of a carer element. At the time of the UC claim, on 5.11.13,
the standard allowance is 493.95 pcm and the rate of carer element is 148.61
pcm. Their maximum amount in respect of each assessment period is 791.17 pcm
(493.95 + 148.61 + 148.61). Max dies on 10.1.14, Amy continues to receive the
couple standard allowance and two carer elements, 791.17, until 4.4.14 when the
UC claim terminates. Amy will be entitled to UC as a single person without having to
submit a claim (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(10)
Note: Carer element will only run on following death there is no run on for any other
reason (such as following admission to hospital or residential care - temporary
break rules would apply in these instances).

[F6026-F6029]

F6030 Meaning of severely disabled person F6010

"Severely disabled person" is not defined for this aspect of the UC regulations but it
should be taken to mean a person for whom
1. AA (1) or
2. the care component of DLA at the highest or middle rate (2) or
3. CAA payable as
3.1
an increase of IIDB (3) or
3.2
an increase of an old scheme allowance (4) or
3.3
an increase of WC (5) or
3.4
a WDisP (6) or
4. AFIP or
5. the daily living component of PIP at the standard or enhanced rate
is payable provided that it is payable at a weekly rate of at least that specified in
legislation (7).
Note: The meaning of WDisP is prescribed (8).
1 SS CB Act 92, s 70(2); 2 s 70(2); 3 SS (ICA) Regs, reg 3(1)(a); 4 reg 3(1)(b); 5 reg 3(1)(c); 6 reg 3(1)(d);
7 reg 3(1); SS CB Act 92, Sch 4, Part V, para 2(a); 8 SS (ICA) Regs, reg 3(2)

[F6031-F6999]