I’m just going through the very useful guide, & want to query that both of you can’t be in LCWRA. He is in LCWRA, & claims for both of us. He’s my carer & gets an underlying entitlement. This has always baffled me as I’ve always cared for him. I get PIP EDL. So does this mean that whilst he’s in the LCWRA, he can no longer get carers for me? So could I claim carers for him instead of him claiming for me? See below.
If you are in this situation, you should consider whether one of you could claim the carer element of UC instead of LCWRA. One person cannot receive the LCWRA and carer elements at the same, but within a couple one of you could get the LCWRA element and the other could get the carer element.
As a couple you can both have been assessed to have LCWRA and get the Work Allowance which replaces Permitted Work. However you cannot both get the additional LCWRA payment. The LCWRA element is only paid once in a couple claim. Whilst you both may consider yourselves to be carers the carer element is paid just once in a couple claim. Remember also that Carer's Allowance is what they call an " overlapping Benefit " and will be deducted from UC. So you are correct " within a couple one of you could get the LCWRA element and the other could get the carer element"
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
