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Carers allowance for son in different city: should I just come off it?
- xerox
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10 hours 3 minutes ago #316186 by xerox
Carers allowance for son in different city: should I just come off it? was created by xerox
I currently get Carer's allowance for my chronically ill son who receives PIP. He plans to get married early next year and move to a different city to a house we own. His wife will then take over helping to look after him. However she has no recourse to public funds (she will be on spousal visa). They are both very young and rely on my support. She will do her best but they have both asked that I continue to support him as I have done so far. She will be out working during the day but will do all household chores etc around that.
I will still spend considerable amounts of time daily supporting my son still dealing with the admin of his life (medical appointments and related admin, monthly reportings about income/earnings for UC (he is on LCWRA and runs his online business from his bedroom), help with dealing with orders and complaints, tax returns and making sure he's on the right track with his business and UC limitations plus dealing with any benefit related applications/dealings (for eg a recent many hours long submission to UC to detail his business accounts). Plus medical admin (reminders daily to take medication, set up appointments and remind him of them and other household admin (keeping up with what he needs on a weekly basis). I will need to continue to support him emotionally for at least a couple of hours a day as he he has mental health issues arising out of his disability.
It probably will add up to 35 hours a week and I know you don't have to live with the person you care for to claim the allowance but I'd rather stop my payments as soon as he moves out rather than have to prove to the DWP constantly that I still care for my son, albeit from afar. I spend all the carer's allowance on medical care/medications, second opinions etc, items to make his life easier in general.
Can anyone please advise the best course of action?
I will still spend considerable amounts of time daily supporting my son still dealing with the admin of his life (medical appointments and related admin, monthly reportings about income/earnings for UC (he is on LCWRA and runs his online business from his bedroom), help with dealing with orders and complaints, tax returns and making sure he's on the right track with his business and UC limitations plus dealing with any benefit related applications/dealings (for eg a recent many hours long submission to UC to detail his business accounts). Plus medical admin (reminders daily to take medication, set up appointments and remind him of them and other household admin (keeping up with what he needs on a weekly basis). I will need to continue to support him emotionally for at least a couple of hours a day as he he has mental health issues arising out of his disability.
It probably will add up to 35 hours a week and I know you don't have to live with the person you care for to claim the allowance but I'd rather stop my payments as soon as he moves out rather than have to prove to the DWP constantly that I still care for my son, albeit from afar. I spend all the carer's allowance on medical care/medications, second opinions etc, items to make his life easier in general.
Can anyone please advise the best course of action?
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- David
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2 hours 14 minutes ago #316190 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Carers allowance for son in different city: should I just come off it?
Hi xerox
Here is the DWP guidance on qualifying for Carer's Allowance:-
F6010 To qualify for an award of a carer element, the claimant must have regular and substantial caring responsibilities for a severely disabled person1
.
1 WR Act, s 12(2)(c); UC Regs, reg 29(1)
assets.publishing.service.gov.uk/media/6...d9da/dmg-Chap-60.pdf
Example
Denise and Lesley both claim CA for caring for Mick who is a severely disabled person. The DM decides to make further enquiries to establish who is entitled to CA (see DMG 60026).
60041 Although there is no legal definition of “caring”, it is reasonable to expect that the severely disabled person and the carer are together for most of the time. There may be occasions when the claimant spends some time apart from the severely disabled person.
I don't think that doing the administration of your son's business would count as caring.
Maybe you should consult a Benefits expert who would have access to the case law and upper tribunal decisions on the subject.
Let us know how you get on.
David
Here is the DWP guidance on qualifying for Carer's Allowance:-
F6010 To qualify for an award of a carer element, the claimant must have regular and substantial caring responsibilities for a severely disabled person1
.
1 WR Act, s 12(2)(c); UC Regs, reg 29(1)
assets.publishing.service.gov.uk/media/6...d9da/dmg-Chap-60.pdf
Example
Denise and Lesley both claim CA for caring for Mick who is a severely disabled person. The DM decides to make further enquiries to establish who is entitled to CA (see DMG 60026).
60041 Although there is no legal definition of “caring”, it is reasonable to expect that the severely disabled person and the carer are together for most of the time. There may be occasions when the claimant spends some time apart from the severely disabled person.
I don't think that doing the administration of your son's business would count as caring.
Maybe you should consult a Benefits expert who would have access to the case law and upper tribunal decisions on the subject.
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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