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UC Carers Element Question

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4 months 1 week ago #291364 by Steven
UC Carers Element Question was created by Steven
Is the carer element of UC classed as a benefit?

I know CA is classed as a benefit but was unsure about the carer element included in UC.

Any help appreciated.

Thank you.

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4 months 1 week ago #291370 by Gordon
Replied by Gordon on topic UC Carers Element Question
S

In its own right, no.

Gordon

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4 months 1 week ago #291383 by Steven
Replied by Steven on topic UC Carers Element Question
Sorry, I should have included some more context so what has happened is, our new claim for UC includes a carers element for a person who's on a disability benefit (AA) and when we made the UC claim, we said that the person who's providing the care doesn't claim CA as they're not entitled to it as their earnings are over the threshold but the person who's getting the disability benefit (AA) has received a letter stating that UC has been informed that X cares for you for 35 hours or more each week, and is claiming a carer's benefit.

I just wanted clarification if the carer's benefit that's being referred to in the letter is the carer's element of UC as they don't claim another carer's benefit such as CA as they're not entitled to it for the above mentioned reason.

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4 months 1 week ago #291419 by Gary
Replied by Gary on topic UC Carers Element Question
Hi Steven

You do not need to be claiming Carers Allowance to get the care element when claiming UC, you have to be doing 35 hrs + careing pw

There are no earnings threshold with the care element in UC, unlike claiming Carers Allowance.

If you claim care element on UC for someone who is in receipt of AA/PIP/DLA then that person will not be eligible to claim the SDP element on pension credit guarantee.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 months 1 week ago #291530 by AshleyMcab
Replied by AshleyMcab on topic UC Carers Element Question
Hi

If you live in Scotland suggest you claim Carer Allowance and although any payment is deducted from your UC you would qualify for Scottish Carer Allowance supplement

www.mygov.scot/carers-allowance-supplement
The following user(s) said Thank You: Gary

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4 months 1 week ago #291536 by Tammy Curtis
Replied by Tammy Curtis on topic UC Carers Element Question
I’m confused how the carer element was able to be added to your uc claim in the first instance? You said you haven’t claimed carers allowance because you wouldn’t be entitled due to income thresholds? The uc claim adjuster should have informed you that you can’t have the carers element added to your claim due to not satisfying the criteria for CA. They have incorrectly added this premium to your claim so as this would be considered an official error you can appeal any overpayment notice. However you will lose the CE from your uc immediately and you must inform them asap. This will mean that the AA claimant will not lose their right to any SDP and avoid any overpayment they may be faced with. It’s a silly mistake but they should know better. To qualify for CE you do not need to be receiving CA but you must satisfy the eligibility criteria and as you’ve stated you wouldn’t due to income so you’ve not claimed. You told uc this at the time. This is their error not yours. Make sure you write it into your journal exactly like that. That you told them you didn’t claim CA because you didn’t meet the eligibility criteria, due to excess income and they have incorrectly awarded you the CE. That this is a mistake they have made when you provided the correct information and that you regard this to be an official error. The notification sent to the disabled client is what alerted you to the error in your claim.
If they come back to you and say anything other than that they are sorry for their mistake and they have rectified your claim to accurately reflect the facts as you presented them in the beginning and that any overpayment will be written off in it’s entirety as an official error; come back here and I will help as much as I can for you to appeal!

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