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Loss of Carers element on TP
- fiona
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1 week 10 hours ago #302627 by fiona
Loss of Carers element on TP was created by fiona
Hi,
I wonder if you could help me. I have a couple who I have just supported to migrate over to UC. She gets IR ESA and is in LCWRA group. He gets CA for her. Both are in receipt of Enhanced PIP both components. They also have a disabled son who is also on PIP.
We completed the UC migration and client told me that his wife is not a carer for her son. However, at the end he gave me his latest award letter and it says his IS payment is made up of a carer element for him and a carer element for her (disabled son).
The key is that she is not able to care for her son ie meet the requirements for the CE. Obviously, we expect her to lose the CE but will this have any further impact on the joint UC award and the Transitional Protection
Thank you.
I wonder if you could help me. I have a couple who I have just supported to migrate over to UC. She gets IR ESA and is in LCWRA group. He gets CA for her. Both are in receipt of Enhanced PIP both components. They also have a disabled son who is also on PIP.
We completed the UC migration and client told me that his wife is not a carer for her son. However, at the end he gave me his latest award letter and it says his IS payment is made up of a carer element for him and a carer element for her (disabled son).
The key is that she is not able to care for her son ie meet the requirements for the CE. Obviously, we expect her to lose the CE but will this have any further impact on the joint UC award and the Transitional Protection
Thank you.
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- David
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1 day 18 hours ago #302893 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Loss of Carers element on TP
HI fiona
TP is based on the difference between the previous Legacy ward and the Indicative UC award. So TP is affected when there is a move upwards in UC after migration which means the TP is eroded.
In your client's case the wife would receive the LCWRA element, the husband the Carer's element and their UC claim would have either the Disabled Child Element or Severe DCE as per below--
Disabled child addition of £158.76 per month for each child or qualifying young person that is in receipt of Disability Living Allowance (DLA), Personal Independence Payment (PIP), Child Disability Payment (Scotland), Adult Disability Payment (Scotland), or
Severely disabled child addition of £495.87 per month if your child or qualifying young person gets the highest rate of the care component of DLA, or Child Disability Payment (Scotland), the enhanced rate for daily living of PIP or Adult Disability Payment (Scotland) or is registered blind.
You can still receive a disabled child addition for a third or subsequent child, even if you cannot get the child element for that child.
David
TP is based on the difference between the previous Legacy ward and the Indicative UC award. So TP is affected when there is a move upwards in UC after migration which means the TP is eroded.
In your client's case the wife would receive the LCWRA element, the husband the Carer's element and their UC claim would have either the Disabled Child Element or Severe DCE as per below--
Disabled child addition of £158.76 per month for each child or qualifying young person that is in receipt of Disability Living Allowance (DLA), Personal Independence Payment (PIP), Child Disability Payment (Scotland), Adult Disability Payment (Scotland), or
Severely disabled child addition of £495.87 per month if your child or qualifying young person gets the highest rate of the care component of DLA, or Child Disability Payment (Scotland), the enhanced rate for daily living of PIP or Adult Disability Payment (Scotland) or is registered blind.
You can still receive a disabled child addition for a third or subsequent child, even if you cannot get the child element for that child.
David
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- fiona
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16 hours 35 minutes ago #302984 by fiona
Replied by fiona on topic Loss of Carers element on TP
Thank you. Apologies the disabled son is an adult and immediately prior to migration she was getting CE as part of their joint IS claim. During UC migration they have not stated that she is carer anymore - she is not well enough to care. So I am not sure how TP will work in this instance. I am not sure the award will be the same as there is no eligibility for the CE. Hope that makes better sense?
lisa
lisa
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- David
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9 hours 27 minutes ago #302998 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Loss of Carers element on TP
Hi fiona
I am totally confused. Have you tried phoning the Citizens Advice Help to Claim phone number?
Call our Help to Claim phone number
You can contact an adviser through our free Help to Claim phone service. Advisers are available 8am to 6pm, Monday to Friday:
England: 0800 144 8 444
Scotland: 0800 023 2581
Wales: 08000 241 220
David
I am totally confused. Have you tried phoning the Citizens Advice Help to Claim phone number?
Call our Help to Claim phone number
You can contact an adviser through our free Help to Claim phone service. Advisers are available 8am to 6pm, Monday to Friday:
England: 0800 144 8 444
Scotland: 0800 023 2581
Wales: 08000 241 220
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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