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Caring Responsibilities, is there a grey area?

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12 years 3 weeks ago - 12 years 3 weeks ago #82378 by Snowbird
Hi. Point 8 on page 57 of this 2009 document www.dwp.gov.uk/docs/building-britains-recovery.pdf states: "It remains an anomaly that partners of benefit recipients can claim benefits through their partner even if they are able to work and do not have caring responsibilities. In line with our approach to ensure that almost everyone is on a journey back to work, we will now accelerate our plans to place similar requirements on any partners of those on benefits, provided that they are fit for work and do not have caring responsibilities which prevent them from taking-up employment. From autumn 2011, for all new claims where at least one member of the couple is capable of work, income-related support will be available only through JSA meaning at least one member of the couple must be looking for work. These changes will be phased in for existing customers from April 2012."

Does anyone know what is specifically meant by "caring responsibilities"? Is it black and white whereby one would actually have to be claiming Carer's Allowance to be considered as having "caring responsibilities" or is there a grey area where caring responsibilities could apply to a partner caring for somebody on lower rate DLA (who is therefore not entitled to Carer's Allowance but might still be in a caring role). Could the caring responsibilities apply when one person in the couple is disabled and claiming ESA (but is not on middle or higher rate DLA) and the other is caring for school aged children?

My wife has claimed Income Support as a couple for many years based on her disability and I have not been expected to go on Jobseekers and wouldn't be able to as my wife needs support 24 hours a day. However I cannot claim carers allowance or Income Support because she is only on lower rate care DLA. She is undergoing the transfer to ESA. I also care for the children. Under the new guidelines would I still be expected to go on JSA or would they be understanding of my enormous caring responsibilities despite me not being able to claim Carer's Allowance?

Sorry for the long post. I would really appreciate some help on this.

Thanks,
Snow
Last edit: 12 years 3 weeks ago by Gordon.

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12 years 3 weeks ago #82379 by Gordon
Snow

The document you are referencing is a White Paper and does not reflect any change in the legislation regarding caring and/or IS and/or JSA.

It is possible to claim Income Support for caring when nobody is in receipt of Carers Allowance or the person being cared for only has a LRC award for DLA. However, it is at the discretion of a DWP Decision Maker as to whether this is allowed.

See the Decision Makers Guide, paragraph 20116 onwards.

www.dwp.gov.uk/docs/dmgch20.pdf

If you are having problems with this area, then you need to get face to face advice as it is outside of our normal remit to assist with.

Gordon

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

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  • Headless
12 years 3 weeks ago #82476 by Headless
hi snow, i am also a carer (but not claiming carers allowance etc)

link as provided by Gordon. This link is fantastic, explains many things and gives me greater clarity B) ! thank you gordon

www.dwp.gov.uk/docs/dmgch20.pdf

Chapter 20 - jsa and IS Conditions of Entitlement.

I find the answers on page 35-p38

Regular carers : person they care for:-

must be in receipt of highest or middle rate or has claimed etc

kindest regards

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12 years 3 weeks ago #82480 by sally-jane
Replied by sally-jane on topic Re:Caring Responsibilities, is there a grey area?
My husband is my primary registered carer, although he works fulltime as a Book keeper for himself. He manages to do most of his work from home so he is here for me, otherwise he makes sure I have everything I need or/and lets the neighbours know I am on my own in order I may contact them if needed.
He is not eligable for carers allowance, despite having to do all he can and ensuring he is always there for nightimes when I have the greatest needs.
This being, he is still not entitled to anything.So although he is earning less than £12.000 per annum, he/we are not entitled to carers monies. A grey area me thinks
(I presently claim CB ESA/DLA HM DLA HC, but I suppose that will cease after 52 weeks)

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12 years 2 weeks ago #82650 by Snowbird
Thanks everyone, and for the link Gordon. Still not sure although I suppose it is up to the individual decision maker. It reads to me as though the person they care for must be in receipt of middle or high rate care DLA and my wife is currently only getting lower rate.

Regular carers section 20116, it does say under point 2 (the regularly and substantially engaged in caring for another person) clause 2.2 "has claimed AA or DLA" which would indicate at any rate although "claimed" might mean "put in a claim for but not heard back yet" as it states "claim" rather than "in receipt of". So am I right in thinking it means if you've put in a claim for but not heard back yet. Whereas if you have put in a claim and only got lower rate 2.2 would not apply? In which case would you have to be in receipt of middle or high rate DLA to be able to claim carer's allowance (as well as regularly and substantially engaged in caring for another person)?

Tried face to face advice with the CAB Gordon as well as telephone advice from dwp helpline but can't seem to get any definite answers which brings us back to the grey area perhaps.

Thanks again for your help with this, the link was excellent.

Snow

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  • pete17971
12 years 2 weeks ago #82665 by pete17971
Snowbird wrote:

Thanks everyone, and for the link Gordon. Still not sure although I suppose it is up to the individual decision maker. It reads to me as though the person they care for must be in receipt of middle or high rate care DLA and my wife is currently only getting lower rate.

Regular carers section 20116, it does say under point 2 (the regularly and substantially engaged in caring for another person) clause 2.2 "has claimed AA or DLA" which would indicate at any rate although "claimed" might mean "put in a claim for but not heard back yet" as it states "claim" rather than "in receipt of". So am I right in thinking it means if you've put in a claim for but not heard back yet. Whereas if you have put in a claim and only got lower rate 2.2 would not apply? In which case would you have to be in receipt of middle or high rate DLA to be able to claim carer's allowance (as well as regularly and substantially engaged in caring for another person)?

Tried face to face advice with the CAB Gordon as well as telephone advice from dwp helpline but can't seem to get any definite answers which brings us back to the grey area perhaps.

Thanks again for your help with this, the link was excellent.

Snow


As Moderators our area of expertise is in relation to disability living allowance, attendance allowance, the personal capability assessment used in connection with incapacity benefits and the work capability assessment used in connection with employment and support allowance. So those are the only subjects on which we can provide reliable information.

Unfortunately, you also need to bear in mind that boards like this can never provide advice to individual claimants about their specific circumstances, all we can offer is general information about how the system works.

This is because there are huge range of factors which could affect your eligibility and it’s not possible or advisable for you to disclose that information on a public forum or for us to ask you the kind of questions that would be required.

We understand that this can be frustrating and that it’s sometimes a question of judgement about the degree to which a question is specific to your claim or more general in nature. But, for our sake and your own it is important that we do our best to stick to giving information rather than advice.

So, for advice about a specific advice you need to contact an advice agency if at all possible.

However the following link maybe of use in determining eligibility.

www.direct.gov.uk/en/MoneyTaxAndBenefits...rsomeone/DG_10012525

Anything beyond that is outwith the forum remit I am afraid.

Pete

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