work-related activity groups and carers

Neilbigtime

Hello, I would be greatfull if someone in the know could give me some guidance on the following scenario.

A couple make a claim for universal credit, they have a severely disabled child on higher rate DLA who needs 24 hour care, one of the parents claim carers allowance, they both care for the child in excess of 35 hours, and tend to work in something similar to a shift pattern, would both parents be placed in the no work-related requirement group, or can only one  of the childs parents be placed in this group, with the other being placed in the work related activity group. 

poppy123456

Only one person can be placed into the no work requirements group. If the other person is fit for work then they will be placed into the all work related requirements group.

Ami2301

Hi @Neilbigtime welcome to the community! Let us know if you have any further questions

benjamintolmer

I think they both should be placed in the work activity group but in shift wise.

poppy123456

benjamintolmer said:

I think they both should be placed in the work activity group but in shift wise.

This is not correct.

Adrian_Scope

Hello and welcome to the community @Neilbigtime.

@poppy123456 is correct and only one parent can be placed in the no work requirements a group and classed as a carer.

Neilbigtime

Thank you all for your advice.

Adrian_Scope

Hi @Neilbigtime, I've just looked into this some more and there have been cases where discretion can be applied.

Labour Market regimes
Claimants who provide regular and substantial care for at least 35 hours per week for a severely disabled person will be placed in the no work-related requirements regime. They will not be expected to look for or be available for work. This includes claimants who are entitled to the additional amount for carers and those people who care for a severely disabled person for at least 35 hours per week, but do not receive the additional amount for carers. 

It is worth speaking to your Work Coach/Job Centre about it. 

Neilbigtime

Adrian_Scope said:

Hi @Neilbigtime, I've just looked into this some more and there have been cases where discretion can be applied.

Labour Market regimes
Claimants who provide regular and substantial care for at least 35 hours per week for a severely disabled person will be placed in the no work-related requirements regime. They will not be expected to look for or be available for work. This includes claimants who are entitled to the additional amount for carers and those people who care for a severely disabled person for at least 35 hours per week, but do not receive the additional amount for carers. 

It is worth speaking to your Work Coach/Job Centre about it. 

Thank you for your reply, and further to this I was informed today by volunteer benefit advisor that there is nothing in the UC legislation that prevents two joint claimants caring for the same person, the test is whether they as individuals can satisfy the condition that they care for a severely disabled person in excess of 35 hours, and should they meet this test they would be placed in the appropriate group, and this should not require any discretion to be applied.

Unfortunately for me, I have been unable to find any consensus on this issue.