Carer’s element — Scope | Disability forum
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Carer’s element

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martyd85
martyd85 Community member Posts: 45 Connected
in Universal Credit (UC)
Hi just wondering can you claim
carers element without Carers allowance
, I receive pip and lcwra and my wife works 18 hrs a week and cares for
me

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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
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    Yes. As long as your wife provides 35 hours of care per week to you she can claim the carer element (assuming you get the Daily Living part of PIP).

    If your wife earns more than £128/week she would not be able to claim Carer’s Allowance but no such restriction applies for the carer element.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • martyd85
    martyd85 Community member Posts: 45 Connected
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    Thank you she earns more than that, yes im
    On the high daily living , how do you go about claiming it and do they take it of you £4£
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  • poppy123456
    poppy123456 Community member Posts: 54,540 Disability Gamechanger
    edited February 2022
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    Earnings make no difference when claiming Carers element of UC as calcotti has advised. Nothing is deducted from your UC when claiming this.
    Your partner needs to "report a change of circumstances" then tell them they care for you for at least 35 hours per week. You will then have the £163.73 carers element added to your next payment.
    Carers allowance can't be claimed because you said your partner earns more than £128 per week.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • martyd85
    martyd85 Community member Posts: 45 Connected
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    Thank you
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  • martyd85
    martyd85 Community member Posts: 45 Connected
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    Can it be back dated , I’ve been on pip from oct, but was backdated till may
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
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    martyd85 said:
    Can it be back dated , I’ve been on pip from oct, but was backdated till may
    She can ask but DWP may well refuse because she didn’t previously report she was caring for you.
    martyd85 said:..do they take it of you £4£
    The carer element increases your maximum UC entitlement.

    If Carer’s Allowance was claimed, which it can’t be in this case, it would be deducted in full.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • RubyRabbi
    RubyRabbi Community member Posts: 15 Listener
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    Hi     My partner cares for me and receives UC in a joint claim with me and has yet to claim Carers' Element : I received PIP quite recently and wondered if the DWP is legally obliged to backdate the Carers' Element to the date of my PIP award ?
    Is there any case law / UC Regulation on this ,please ?

    Any advice very welcome...... many thanks, RR
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  • poppy123456
    poppy123456 Community member Posts: 54,540 Disability Gamechanger
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    RubyRabbi said:
    Hi     My partner cares for me and receives UC in a joint claim with me and has yet to claim Carers' Element : I received PIP quite recently and wondered if the DWP is legally obliged to backdate the Carers' Element to the date of my PIP award ?
    Is there any case law / UC Regulation on this ,please ?

    Any advice very welcome...... many thanks, RR

    If your PIP includes daily living part and your partner doesn't receive the LCWRA element for their self then they can claim carers element. They do not have to backdate it if your partner didn't previously report being your carer. It will be down to a decision maker to make the final decision. There's no case law regarding this that i know of.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • RubyRabbi
    RubyRabbi Community member Posts: 15 Listener
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    Thankyou so much....... my fault, I forgot to mention that , on the day we claimed, he declared on the declaration form that he cared for me @35 hours plus.
    Would that be binding evidence so that the DWP were obligated to backdate ? 

    Thankyou

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  • poppy123456
    poppy123456 Community member Posts: 54,540 Disability Gamechanger
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    RubyRabbi said:
    Thankyou so much....... my fault, I forgot to mention that , on the day we claimed, he declared on the declaration form that he cared for me @35 hours plus.
    Would that be binding evidence so that the DWP were obligated to backdate ? 

    Thankyou


    Then it should be backdated to the assessment period in which your PIP claim started from. He will need to report a change of circumstances and then click caring for someone.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • RubyRabbi
    RubyRabbi Community member Posts: 15 Listener
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    THANKYOU ~ I don't know who you are but all I know is that, for me, the support you provide is just as valuable as the factual information.
    There's somebody out there that knows & cares ~ a rare combination !

    RR
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