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Claiming PIP and UC Carer's Element at the same time?

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2 years 11 months ago #268961 by Peter
I claim Universal Credit as a joint claim with my partner who is LCWRA and receives PIP. I care for her full time as well as also earn approx. £400 per month from self employment around caring (although it does vary each month- some months I earn much less and some months I earn a little more).

I am also disabled and finally decided to apply for PIP (after years of pretending that i'm ok i'm really not) and just got confirmation of PIP eligibility.

I am wondering:
1) Do PIP automatically tell Universal Credit about new PIP eligibility?
2) Will Universal Credit being told about this trigger a Work Capability Assessment for me?
3) If so, if I am found to be LCWRA or LCW could they also deem me not to be able to care for my partner and therefore get the carer element of Universal Credit removed? (despite my partner having LCWRA me caring for her)
4) Can I avoid having a WCA and keep my Carer's Element of UC, and my PIP? As although I am disabled I am still caring for my partner, and my self employment provides a distraction from caring & my disabilities.
5) Do you have any other advice?!!


I am relieved to receive PIP but also worried that I if have Carer's Element removed from our Universal Credit that it will effectively wipe out lots of the monetary gain from my PIP entitlement and starting to worry that the immense stress and worsening of conditions that my PIP process put me (and my partner) could be significantly wiped out if Carer's Element of UC was to be removed.

Would anyone be able to offer some help with this?

Thank you for any help, I really do appreciate it,

Regards,
Oak

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2 years 11 months ago #268990 by Gary
Hi Oak

If you stop work due to your deteriorating condition then you need to inform UC.

The first thing I would like to say is that you being eligible for PIP will not affect your UC, there are no disability premiums such as SDP with UC.

You will get the carers premium providing you have ‘regular and substantial caring responsibilities’ and you satisfy the eligibility conditions for Carer’s Allowance.

Carer's Allowance conditions:

you look after someone who gets a qualifying disability benefit
you look after that person for at least 35 hours a week
you are aged 16 or over
you are not in full-time education
you don’t earn over £128 a week (after deductions)
you satisfy UK presence and residence conditions.

For joints UC claims: one person can qualify for the limited capability for work or the limited capability for work-related activity element and the other person can qualify for the carer element.

You will not have to complete a WCA as there can only be one person in a joint claim who qualifies for LCWRA/LCW.

You may want to seek advice from a Welfare Rights Organisation who can take all your circumstances into consideration when giving you advice; 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

Gary

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

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