Carers allowance and Universal Credit - HELP!

braidliam123

Hi can anyone help please....i have just recieved my carers allowance what has been back dated 3 months, but universal credit have takin it all, so i havnt received any payment of carers, i thought they was seperate claims and i should of got the carers money?????? Can anyone shed some info please thanks

JennysDad

Hello @braidliam123 and welcome to the community. I am very glad you have found us.
I'm relatively new here and do not have the answer to your specific question, but I know that there are plenty of people here who know more about it and they will be along to chat with you in due course. Please bear with us.
You're among friends Liam (I'm guessing )and we're listening.
Warmest best wishes to you,
Richard

Pippa_Scope

Hi @braidliam123, and welcome!

So sorry to hear this, how frustrating for you. I'd recommend giving the UC helpline a ring and explaining the situation:

Universal Credit helpline 
Telephone: 0800 328 9344 
Welsh language (make a claim): 0800 012 1888 
Textphone: 0800 328 1344 
Monday- Friday 8am-6pm

ScopeHelpline

Hi @braidliam123

Most forms of income are taken into account against a Universal credit award - in other words, the income reduces the universal credit award.

You do normally get extra universal credit money when you claim carers allowance; because you have an award of CA, you are entitled to an addition on your universal credit claim called carer element.

It is possible that you could already have the carer element,  because under universal credit, you don't necessarily have to have carers allowance to get that element. You just need to be substantially caring for the disabled person you care for. 

Another possibility is that you may currently have a Limited Capability for Work-Related Activity (LCWRA) element  for yourself. You wouldn't be able to get a carer element, for yourself, as well, under universal credit rules. 

Have a look at this guidance for DWP staff, paragraph F6014
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/661570/admf6.pdf

Otherwise, if neither of these possibilities is the case, then it's entirely possible that the DWP have made a mistake in not awarding the carer element.

You could either contact the Universal Credit Helpline, as PippaScope above says, or send a message on your online journal.

I hope this helps. 


Gil 
(Scope Helpline)

kentwoman

Hi I'm on Carers allowance for my son and get housing benefit. Not sure if Universal Credit replaces my Carers allowance or not. I know it replaces housing benefit.

Scope website does not list Carers Allowance as a benefit that's affected by UC.

But seen on other websites it is affected?  Really confused.

Look after a son whos on enhanced PIP and just started ESA (been signed off as having depression and autism) by doc.

poppy123456

Hi,

I'm confused by your questions. Is it UC or ESA you're claiming?

Ralph

I don’t know about UC but when you get income support your carers allowance is deducted from your income support. In other words you are no better off financially with carers allowance than without. So if you were getting full UC for those weeks you cannot get the extra carers allowance as well therefore they took it back. 
I may be wrong but that’s my best guess. 
Btw claiming carers allowance is worthwhile as all your eggs are not in the one IS or UC basket. 

poppy123456

Ralph said:

I don’t know about UC but when you get income support your carers allowance is deducted from your income support. In other words you are no better off financially with carers allowance than without. So if you were getting full UC for those weeks you cannot get the extra carers allowance as well therefore they took it back. 
I may be wrong but that’s my best guess. 
Btw claiming carers allowance is worthwhile as all your eggs are not in the one IS or UC basket. 

That's not exactly correct, sorry.

When claiming Carers allowance and either ESA, Income Support or UC the the Carers allowance is deducted £1 for £1 for the benefit you're claiming. This is because they're over lapping benefits. Carers allowance then pay you and a carers premium is added to either ESA or IS of £36 per week. A carers element is added to the UC of £156 per month. So, for ESA and IS when claiming carers allowance you're £36 per week better off and £156 per month when claiming UC.

kentwoman

Hi Sorry for confusing everyone!   I am now 60 and get two pensions (only total £225 a month, not enough to live on) that wiped out my income support. I only now get carers allowance every week. plus Housing Benefit (I still pay £35 rent a week, £64 council tax a month).  - I'm penalised because I have a pension lump sum, so tarriff income is being applied at about £100 a month from my benefits.

My son gets enhanced PIP and ESA, which has just started and has not been called in for any interviews by DWP as yet to determine which group he will be in.

I know money he's getting does not affect my income.

poppy123456

Your Carers allowance affects Income Support and a carers premium is added. Your Ill health pension will affect UC, Income Support, JSA and ESA Income related £1 for £1 because these are means tested benefits and they are counted as income when claiming any of them.

Do you live alone? How many bedrooms in your house and do you rent from social housing or privately?

kentwoman

Hi

I live with my son, 24 years old, husband (who gets £100 pension a month) 2 beds, Housing Assoc house. 

poppy123456

As your son claims ESA and he's under 25 then you shouldn't have any non dependent deductions from your housing benefit, you need to check this with your local council.

Put all your details into a benefits calculator and see what it comes up with but both your pension are counted as income and will affect what you can claim.

https://benefits-calculator.turn2us.org.uk/AboutYou

heathermcew

Hello, was wondering if you had an update on this?

i am on universal credit and recently applied for carers allowance.. how will it affect my universal credit and will it all be backdated?

poppy123456

heathermcew said:

Hello, was wondering if you had an update on this?

i am on universal credit and recently applied for carers allowance.. how will it affect my universal credit and will it all be backdated?

Hi,

Carers Allowance is classed as income when calculating UC payments and will be deducted £1 for £1 (approximately £280 per month) Carers allowance then pay you each week. This is because you can't receive carers allowance twice. If you've been claiming UC for the whole time then you won't receive any backdated money.

When claiming UC there's no need to claim carers allowance because you can claim the carers element without claiming carers allowance. The only advantage to claiming carers allowance at the same time is the class 1 NI credits towards your state pension.

It's possible that you can receive the carers element of UC added to your claim but this will depend on your circumstances. If you're receiving the LCWRA element in with your UC then you won't be able to claim the Carers element on top. If you don't receive the LCWRA then you'll need to ask UC to add the Carers element, which is £160 per month. Hope this helps.

Welshlad90

My partner claimed carers allowance for me made them aware that we claim universal credit but today they have put over £2000 in her bank. Any advice please?

poppy123456

Welshlad90 said:

My partner claimed carers allowance for me made them aware that we claim universal credit but today they have put over £2000 in her bank. Any advice please?

You need to ring them because there will be an overpayment if you don't.

Welshlad90

But they stated on the letter we had 3 days ago that we were in receipt of u/c during the backdated period 

poppy123456 said:

Welshlad90 said:

My partner claimed carers allowance for me made them aware that we claim universal credit but today they have put over £2000 in her bank. Any advice please?

You need to ring them because there will be an overpayment if you don't.

poppy123456

If the money came from carers allowance then you will need to ring them and UC because carers allowance is deducted £1 for £1 from your UC and you shouldn't have received that backdated money.

You need to make sure that UC have added the carers element.

Ralph

https://www.theguardian.com/society/2019/apr/26/dwp-staff-problems-leave-carers-with-years-of-overpaid-benefit-debt

Welshlad90

Ralph said:

https://www.theguardian.com/society/2019/apr/26/dwp-staff-problems-leave-carers-with-years-of-overpaid-benefit-debt

It's their error we told them we had been getting universal credit and they said they would need to check with uc before issuing any payments then 3 days later nearly £2200 was in my partners bank 

Welshlad90

We have all the proof from them in letters stating they knew we have been getting uc benefit and that they would need to check with them before issuing any backdating payments

poppy123456

It's still your responsibility to ring and tell them because you shouldn't have received it.

poppy123456

All overpayments for UC are recoverable, even if it's an offical error. As you have already received the money because you were already claiming UC then it will be classed as a UC overpayment. See link. http://england.shelter.org.uk/legal/benefits/universal_credit/payment_of_universal_credit/overpayments_of_universal_credit#_ednref3

Adrian_Scope

Unfortunately @poppy123456 is correct, under some legacy benefits official errors were sometimes disregarded but they're not on Universal Credit.
With Carers Allowance, they usually either A] Don't back date or B] Back date and recover the amount as an over-payment through future UC awards. Sadly it sounds like they're doing the latter with you.

Welshlad90

All we can do is ask for a discretion not to recover to be considered as why should we be punished for CA error. Dont see why we should have £280 a month taken off us until the payment is repaid when we done everything right our end. I get what you are all saying but it does state on the link poppy sent me that discretion is a possibility

poppy123456

They only write off a debt in the most extreme circumstances for UC. Carers Allowance is deducted £1 for £1 from UC payments so there will be a deduction of approximately £280 per month anyway. Then your partner receives the carers allowance separately. It's highly likely that they will recover the payment. If it was me i wouldn't spend it and i'd pay it back as one lump sum, otherwise your UC furture payments will decrease further because of the overpayment.

You need to make sure that the carers element is added to future payments, if it isn't then add a note on your journal saying your partner is caring for you for 35 hours per week.

Welshlad90

She already gets the carers element but what I'm trying to say is yes its recoverable but why on earth would they pay the money if they knew we had been in receipt of uc the whole time? If it was our error fair enough we would pay it back but its THEIR error we shouldnt be punished for it. Think a call to local CAB is in order 

poppy123456

I agree it's their error but for UC it's recoverable. If you were claiming any other benefit like ESA then it wouldn't be recoverable. UC is different. I'm not sure what CAB can do here, other than give the advice you've been given here.

Welshlad90

Well surely because I'm classed as vulnerable they need to consider discretion they cant take nearly £600 a month off a vulnerable person. 

poppy123456

I'm afraid they can recover the overpayment, maybe not the full £280 per month on top of the £280 already deducted for carers allowance but certainly a deduction.

Over payments for couples over 25 at the standard rate is £74 per month.  My advice is to keep the money and offer to repay it as one lump sum and then it's done with.

https://www.turn2us.org.uk/Benefit-guides/Overpayments-under-the-Universal-Credit-system/How-is-an-overpayment-recovered

Welshlad90

CAB has advised me that due to me being classed as vulnerable to request the recovery of the money is set aside awaiting a call back from case manager now to discuss. Spoken to carers allowance and even they said it shouldnt be recovered due to it being their error. They have stated because we have already received the payment they cant automatically take it back off us but have given advice to request for UC to set it aside and not recover. 

Welshlad90

Why should they recover and punish us for something not our fault after all they would basically be risking a vulnerable person becoming homeless by recovering the money we was given because of CA incompetence