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Hi, my name is Molly11! Can my husband claim Carer's Element?

Molly11

Hi everyone,

I was hoping if someone could advise me about Carer’s Element on our joint Universal Credit claim. I have LCWRA and my husband and I were Migrated over to Universal Credit from income related ESA. We used to get a SDP for a couple. As I get the LCWRA can my husband claim a Carer Element? He helps me with washing and dressing every day. Would it affect our Transitional Protection? I really would not want to rock the boat if it meant we were not entitled to anything. He is not well himself and this whole UC we have found quite stressful.

Thank you for any advice,

Molly

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Kimi87

For him to receive Carers Element it isn't enough that you get LCWRA, you need to be on a qualifying benefit.

Attendance Allowance

Constant Attendance Allowance

the middle or highest rate of the care component of Disability Living Allowance

the standard or enhanced rate of the daily living component of Personal Independence Payment

Armed Forces Independence Payment

the daily living component of Adult Disability Payment

middle or highest rate of care component of Scottish Adult Disability Living Allowance

the middle or highest rate of the care component of Child Disability Payment

Pension Age Disability Payment

If you applied for Carers Element then your Transitional Protection would reduce by £201.68 which is the current amount paid for Carers Element.

Molly11

Hi Kimi,

Thank you for your reply.

I receive the enhanced rate of PIP. Would my husband still have to fill in UC50 forms if he went ahead and applied for this? He is finding this whole experience very stressful.

Molly

Kimi87

No, if he claims Carers Element he won't be required to look for work or go through a WCA/UC50 form.

He might need to attend one appointment with the Job Centre to discuss his circumstances as a carer.

If he went through with the WCA and was found to have LCWRA, he wouldn't have any requirement to look for work but he wouldn't be paid any extra money as the maximum number of LCWRA elements payable is one in a couple.

That's why I think your plan for him to claim Carers Element fits your circumstances and is sensible.

This would take your claim to the maximum number of payable elements for a couple:

1 x LCWRA

1 x Carers Element

Molly11

Thank you Kimi, I really appreciate all your advice.

So am I right in thinking if my husband went ahead and applied for the Carer’s element we would be £201.68 worse off each month?

Molly

Kimi87

Not quite.

£201.68 would be added to your UC entitlement .

£201.68 would then be removed from your Transitional Protection.

Depending on your Transitional Protection amount, you will either be better off, or on the same money.

Molly11

Thank you Kimi,

Our Transitional Protection is £436.23.

Molly

Kimi87

£201.68 would be added for the Carers Element.

Your Transitional Protection would reduce to £225.55.

Your overall UC award amount would remain the same.

Molly11

Thank you Kimi so much for all your advice.

I think this is the first time I actually understand Transitional Protection.

Molly

Molly11

Hi,

I received a letter today with the heading “Your claim for ESA”

Underneath it says “This arrears payment has not been sent or credited to you as we are holding details of a possible overpayment. We are checking whether any recovery must be made. Arrears payments due will be sent to you as soon as possible and we will tell you why money has been held back.”

I was getting ESA Contribution based and income related ESA with my husband added to my claim some years ago. Nothing has changed recently except for being migrated over to Universal Credit. Do you think this is anything to do with this?

Thank you for any advice or insight what this might be about.

Molly

Molly11

https://forum.scope.org.uk/discussion/comment/1104181#Comment_1104181

Hi Kimi,

My husband was going to apply for the Carer’s Element of UC but he is really worried in case it affects his own PIP award. He thinks they will ask if he can get a Carer Element he should not be getting PIP. He doesn’t want to rock the boat so to speak. What is your views or anyone on this?

Thank you.

Molly

Rachel_Scope

Hi @Molly11, sorry it's taken a while to reply. Applying for the Carer Element doesn't affect PIP, unless the caring responsibilities contradict what he's declared he's unable to do on his PIP form.

Molly11

Hi Rachel,

Thank you very much for your reply.

Molly

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