Couples AET Threshold & LCWRA

Tuppence

Hello; this is my first post and there’s quite a lot of info so please bear with me!

I have LCWRA and also in receipt of PIP daily living and in the ESA Support Group.

My partner works 17hrs per week + any O/T if offered at £13 per hour (paid every 4 weeks) and he is also self employed @ 4 - 10hrs per week. He also cares for me, but it’s less than 35hrs per week.

He has a new Work Coach who is now insisting my partner meets the couples AET threshold. Both the Turn2us and Benefits & Work websites state only the single person’s AET applies as I have LCWRA but I cannot find it on gov.uk

The Work Coach could not reveal his resources or provide any links to support this, he just said ‘it’s the law’. He could not advise on the CET either

Can anyone please confirm if single or couples AET applies when one half of a couple has LCWRA, thanks in advance - and for your patience reading this! 😂

poppy123456

Are you sure it's less than 35 hours per week that they care for you? Caring duties can mean anything from just sitting with you, it doesn't need to be anything physical. If you live together then I'm sure that the 35 hours can be easily achieved over the course of a week.

As a carer claiming Carers element of UC they will have no commitments so the AET will be irrelevant.

For anyone else reading this in this situation with one partner being found to have LCWRA then the single person AET will apply.

Tuppence

Thank you poppy123456

Yes it’s very difficult to work out the number of care hours per week. We were guesstimating really. It would probably look suspicious if we upped the hours now although my partner did explain that I had a progressive illness. The WC wasn’t interested in me, just pushing my partner to agree to looking for work in addition to his 2 jobs - caring for me wasn’t even included in his commitments (he said easements would be put in place for care but they haven’t been).

Can you please guide me to any documentation that confirms the single person’s AET applies when one of you has LWCRA? Thanks in advance

poppy123456

They do not (personally) check the hours you care. When living with a partner it's expected they care for you so there's entitlement to carers element, without questions being asked. There's 24 hours in a day and I'm sure he doesn't work all those hours. You'll be very surprised at the amount of time spent caring for someone, even when you don't realise.

Caring for you would not be in his commitments for UC. Once he claims carers element the only commitments he will have is to agree to report all changes.

Tuppence

Thanks again; that is true and we will write everything down and reassess

I appreciate it’s late now but is there any written evidence of the single person’s AET threshold applying to couples where one has LCWRA so we can show it to the Work Coach? Thank you

poppy123456

I'm sorry but I can't find anything that says this, maybe someone else can. The reason the single person AET applies here is because the person that was found to have LCWRA has no work commitments.

Tuppence

OK thank you. I will see if another WC can look at our case.

I appreciate your time 😊

Emilee

https://forum.scope.org.uk/discussion/comment/943851#Comment_943851

There is no reason for anyone to think that this is suspicious or a cause for concern. There are many reasons why people require more or less care, situations change overnight and sometimes the issue lies in the understanding of the question itself. Furthermore, claiming the carer element of Universal Credit is a largely automated service with little to no human involvement. They would simply report a change in circumstances and provide the details asked for. These are then checked against the DWP system to ensure you are receiving qualifying benefits. If they are, their work coach or case manager will be notified to adjust their commitments to reflect their carer status.

Tuppence

Thank you; I was concerned because we had recently told the WC it was less than 35hrs but you do forget what is actually involved. I do receive PIP daily living.

With regards to the LCWRA and my partner being told he has to meet the couples AET, do you know where I can find any documents stating he only needs to meet the single person’s AET? Thanks in advance

poppy123456

I really do think your partner should claim carers element by reporting changes as advised above. This way, there will be no work commitments and they will be left alone, with no appointments or expectations to earn any money.

Tuppence

Thank you; he has another appointment tomorrow to discuss this further

I appreciate you taking the time to help me 😊