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Re: UC and Compulsory Easements success

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3 years 3 months ago #266157 by Sam
Re: UC and Compulsory Easements was created by Sam
I would like to get some guidance in relation to Compulsory easements and carers in receipt of UC and who attend an elderly disabled relative for more than 35 hours per week as well as being a lead carer for a one year old.

The government guidance link below obliges a UC claimant to make them aware if they fall into the compulsory easement category and if so they will not have to be subject to a work coach or do work commitments in order to receive UC.

www.gov.uk/government/publications/unive...uc-and-you#easements

A UC journal entry was sent to UC on the 30 November, relating to the above, however the claimant has received a notification on the to do list of the UC site, to agree to work commitments set by their work coach by the 6th December or else face a sanction.

I would be grateful if someone could assist me with this matter.

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3 years 3 months ago #266171 by Gary
Replied by Gary on topic Re: UC and Compulsory Easements
Hi Sam

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

We do not have enough information to give you accurate advice and would advise you to seek help from a Welfare Rights Organisation in your area; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

I did come across a client a few weeks ago who was claiming Carers allowance for one of her parents, she was on UC but was advised to stop claiming CA as this affected her parents HB, when she stopped claiming CA this affected her UC and she was told that she now had to look for work even though she was a carer. To sort the situation out she was advised to reclaim CA as she was caring for both her disabled parents.

While you are caring for that person or those people for a total of 35 hours a week or more. No requirement to do any work-related activity.

In answer to your question, does the carer receive Carers Allowance?

Gary

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

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3 years 3 months ago #266191 by Sam
Replied by Sam on topic Re: UC and Compulsory Easements
Hi Gary, Thank you for your response. I can confirm that I have not made a claim for carers allowance as the cared for person receives a severe disability premium which prevents a carer from claiming carers allowance simultaneously.
If you require any more information please let me know.
The following user(s) said Thank You: Gary

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3 years 3 months ago #266192 by Sam
Replied by Sam on topic Re: UC and Compulsory Easements
The extra severe disability premium is classed as pension credit on her award letter.

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3 years 3 months ago #266201 by Sam
Replied by Sam on topic Re: UC and Compulsory Easements
I have spoken to Signpost Carers UK and the CAB today and they have both confirmed that even though I am not in receipt of carers allowance, as I am caring for a disabled elderly person for more than 35 hours a week I should be placed in the UC non working group category. I was advised to issue the UC with a copy of the attendance allowance award letter for the disabled person etc.

Here have enclosed a few useful links and references which will help others who find themselves in the same predicament:

www.citizensadvice.org.uk/benefits/unive...rely-disabled-person

assets.publishing.service.gov.uk/governm...le/1012496/admj2.pdf, pages 10-11 of the Decision Maker’s guide for Work Related Groups (ADM Chapter J2), I match the same circumstances as Example 2. It refers to UC Regs, reg 89(1)(b) and states that Ishould be in the ‘no work-related requirements group’:

Welfare Benefits and Tax Credits Handbook 2020-21 Chapter 46 Section 3 page 1061.
The following user(s) said Thank You: Gary

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3 years 3 months ago #266206 by Sam
Replied by Sam on topic Re: UC and Compulsory Easements success
I have just received an update from the UC journal to state that I have now been placed in the non working group.
The following user(s) said Thank You: denby

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