Disability Rights UK Factsheet

Carer's allowance

This Disability Alliance factsheet is a basic introduction to carer's allowance. You can find out more detailed information in Disability Rights UK's Disability Rights Handbook.

Disability Rights Handbook
 
Disability Rights Handbook

The handbook provides information and guidance on benefits and services for people with a disability or health condition. Fully updated for 2011, our user-friendly guide presents this complex information in a concise, straightforward and jargon-free way.

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What is carers allowance?

Carer's allowance (CA) is a benefit for people who regularly spend at least 35 hours a week caring for a disabled person. The amount of savings you have does not affect your CA.

What are the rules?

To get carer's allowance you must:

The residence and presence tests

You must not be subject to any limitation on your right to stay in this country, such as a limitation on working or claiming benefits. There are exceptions to this rule, for example if you have refugee status or exceptional leave to remain or are a European Economic Area (EEA) national.

If you claim disability living allowance you also have to satisfy the residence and presence test. For this you must:

Ordinarily resident is not defined. It is taken to mean the place where you normally live for the time being if there is a degree of continuity about your stay and it can be described as being settled.

Present means physically present in the UK.

If you go abroad to live in an EEA country and your CA is exportable you do not have to satisfy the residence and presence rules.

Exporting or claiming carer's allowance in the European Economic Area (EEA)

On 18 October 2007 the European Court of Justice ruled that carer's allowance can be paid to people who move from the UK to another country within the European Economic Area (EEA).

You can find out more information on claiming disability benefits if you live in another European country and taking disability benefits to other European countries on the DirectGov website at www.direct.gov.uk.

From 31st October 2011, the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011 (SI 2011/2426) enables claimants on attendance allowance, carer’s allowance or the care component of disability living allowance, whose claims were disallowed following their move to another European Economic Area (EEA) State or Switzerland prior to 18 October 2007 (the date of the European Court ruling), to be paid benefit from the first benefit week after that date.

The DWP has issued guidance on these regulations (Memo DMG 27 /11) available at www.dwp.gov.uk/docs/m-27-11.pdf.

How much do I get?

The rates are:

You can get an extra £32.70 for an adult dependant - your husband, wife or civil partner or any other adult who looks after your child(ren) - if you made your claim before 6 April 2010.

If your partner has certain benefits or earnings or an occupational and personal pension of more than £32.70 you will not be paid the adult dependant addition.

If you have dependent children you may be able to get extra help by claiming child tax credit.

The amount of savings you have does not affect your CA.

CA can continue to be paid for up to 8 weeks after the person you care for has died.

How do I claim?

You claim on form DS700 (DS700(SP) if you get a state pension). These forms are available from a Jobcentre Plus office, Pension Centre or by ringing the free Benefit Enquiry Line (0800 882200 or 0800 220674 in Northern Ireland).

You can also claim carers allowance online in Great Britain at www.dwp.gov.uk/carersallowance/.

If you are over retirement age

If your state retirement pension is less than your CA (£55.55 a week) you will be entitled to a top up of CA to that amount.

If your pension is more than £55.55 you won't actually get CA but you will still have an "underlying entitlement" to it, which may help you to get means tested benefits.

What if I am working?

If you get CA you are allowed to work but must earn no more than £100 a week after tax, NI contributions and half of any pension contributions have been taken into account. If you have a partner who works their earnings can affect any adult or child dependant's addition you receive.

If you pay someone to look after the person you care for or any of your children who are under age 16 you can have up to half of these payments offset against any earnings you receive. You cannot do this if the payments are made to a close relative.

A close relative is the parent, partner, son, daughter, brother or sister of a carer or the person being cared for.

CA and means-tested benefits

If you are 'entitled' to receive CA you can also get the carer premium (or carer's addition if you are on pension credit) when claiming income support, income related employment and support allowance, housing benefit or council tax benefit.

If you receive another benefit, such as incapacity benefit, state retirement pension or contributory employment and support allowance, which prevents you actually being paid CA you can still get the carer premium or addition.

If you are 'paid' CA it may stop the person you care for from getting severe disability premium as part of their income support, income related employment and support allowance, housing benefit or council tax benefit. If you are not actually being paid CA because you are on another benefit you can get the carer premium/addition and the person you care for can keep their severe disability premium.

Where can I get more help or information?

You can get help and information at your local advice centre, such as a Citizens Advice Bureau. You can get more information about where to get personal advice from our Factsheet F15 - Finding a local advice centre.

This Disability Alliance factsheet is a basic introduction to carer's allowance. You can find out more detailed information in Disability Rights UK's Disability Rights Handbook.

All our publications are available at www.disabilityalliance.org/shop.htm. You can also place an order by contacting Disability Rights UK on 020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765. All our factsheets are available at www.disabilityalliance.org/fact.htm.

27 October 2011

Disability Alliance