Universal Credit and carers
This advice applies in England, Scotland and Wales.
On this page we explain which carers are exempt from work-related requirements and what to do if you’re part of a caring couple on Universal Credit. Many full-time carers also qualify for an extra Universal Credit amount called the carer element.
In this article
Which carers are exempt from work?
Most carers on Universal Credit will be exempt from work-related requirements if:
- They provide at least 35 hours’ care a week.
- The person they care for is receives a “qualifying disability benefit” for Carer’s Allowance or Scottish Carer Support Payment.
Qualifying benefits for Carer’s Allowance or Carer Support Payment include:
- The daily living component of Personal Independence Payment (PIP).
- The care component of Disability Living Allowance (DLA) at the middle or highest rate.
- The care component of the Scottish Child Disability Payment at the middle or highest rate.
- The daily living component of the Scottish Adult Disability Payment.
You don’t necessarily need to be getting Carer’s Allowance or Carer Support Payment. You just need to show that you meet the relevant qualifying conditions. This means that a parent who provides 35 hours of care to their disabled child and receives the carers element of Universal Credit, but who does not receive Carer’s Allowance or Carer Support Payment, is also placed in the no work-related requirements group.
You’ll still need to sign a claimant commitment. But this shouldn’t include any requirement that you look for work, carry out training or undertake any other work-related activities. Instead, it will only cover things like your responsibilities to notify the DWP of any changes in your circumstances.
Section 19 (2)(b) of the Welfare Reform Act states that any claimant who has “regular and substantial caring responsibilities for a severely disabled person” falls into the no work-related requirements group.
Regulation 30 of the Universal Credit Regulations 2013 defines “regular and substantial caring” to mean someone who satisfies all of the qualifying conditions, other than the earnings limit, of Carer’s Allowance or who are entitled to the Scottish Carer Support Payment.
If your child doesn’t get a qualifying benefit
If you’re caring for someone who doesn’t get a qualifying disability benefit, you are likely to have to look for work.
Unfortunately, this includes where you are looking after someone awaiting a decision on a disability benefit claim. You may be able to place some restrictions on the amount of work you need to look for. Seek advice if this applies to you.
Caring couples and Universal Credit
If you are a couple with more than one disabled child, both you and your partner can be automatically exempt from any work-related conditions. This is on the basis that you each care for a different child.
There may be complications if you are a couple who both care full-time for the same disabled child.
Unfortunately, only one of you will automatically fall into the no work-related conditions group. This is because a qualifying condition for Carer’s Allowance and Carer Support Payment is that two people cannot both qualify for these benefits as carer for the same disabled person. This also applies to the Universal Credit carers element. (Section 19 of the Welfare Reform Act.)
If you are exempt from work conditionality as your child’s carer, your partner must usually look for work.
The DWP’s power to exempt
The Department for Work and Pensions (DWP) has a discretionary power to exempt a second full-time carer from work-related conditions.
Your work coach can place you in the no work-related requirements group if they accept both that:
- You are providing at least 35 hours a week care to your disabled child.
- It is not reasonable to expect you to look for work, given your caring role.
If the DWP agrees to exempt you from work-related activity as a second carer under regulation, you will not receive a second carer element in your Universal Credit award. Where a couple both care for the same disabled child, only one carer will receive a carer element.
Regulation 89b of the Universal Credit Regulations states that someone who does not meet the qualifying conditions for Carer’s Allowance or Carer Support Payment, but who nevertheless looks after a severely disabled person for 35 hours or more, can still be placed into the no work-related requirements group. This is only where “the Secretary of State is satisfied that it would be unreasonable” to require the claimant to comply with job availability and job search.
In practice, this means your work coach, acting on behalf of the Secretary of State, can place you in the no work-related requirements group
Watch our video about this topic
Regulation 89 and claiming Universal Credit as two full-time carers.
Asking Universal Credit to exempt from work-related requirements
The parent not in receipt of Carer’s Allowance / Carer Support Payment, or the carers element, should explicitly ask their work coach to amend their claimant commitment.
Ask them to place you in the no work-related requirements group under Regulation 89 (1) (b) of the Universal Credit Regulations 2013. You can use our template to make this request in your online journal:
Will I need to provide evidence of the care I provide?
It will help your request if your work coach understands your circumstances. Explaining your child’s health conditions, and the type of care, attention and supervision they may need, will mean your work coach is more likely to accept your request.
The DWP can only consider using regulation 89 (1) (b) if they accept that you are providing at least 35 hours a week care to your child, in addition to the full-time care that your partner is providing.
What happens if my work coach does not agree?
The DWP might still refuse to place you in the no work-related requirements group.
If they do, ask your work coach to change the number of available work hours in your claimant commitment. They can do this under Regulation 88 of the Universal Credit Regulations 2013.
Most people in the all work-related requirements group are expected to spend at least 35 hours a week looking for work. However, it is possible for the number of hours to be lowered. This can happen where a claimant is a “relevant carer”. This is someone “who has caring responsibilities for someone who has a physical or mental impairment”. See Regulation 88 (2) of the Universal Credit Regulations.
Where this applies, your work coach can limit the number of hours you have available to look for work so that you can carry out your caring responsibilities while maintaining a reasonable prospect of finding work. For example, you may be expected to carry out some work-related activities whilst your child is at school.
Asking Universal Credit to reduce my work-related requirements
The parent not in receipt of Carer’s Allowance / Carer Support Payment, or the carers element, should explicitly ask their work coach to reduce their claimant commitment under Regulation 88 of the Universal Credit Regulations 2013.
You can use our template letters to make this request in your online journal:
What happens if my work coach does not agree to reduce my work-related requirements?
Your work coach has discretionary powers to place you in the no work-related requirements group or reduce your work-related requirements. If they are unwilling to do either of these, you cannot formally appeal against that decision.
You can ask that they reconsider their decision, and you can ask for a judicial review. Before requesting a judicial review you should seek support. You can either find a local advice service in your area or by phoning our free helpline.
Universal Credit carer element
Depending on your family circumstances, you might be eligible for additional payments in your Universal Credit award.
You’ll receive a carer element if you are eligible for Carer’s Allowance or if the only thing that stops you from qualifying for Carer’s Allowance is that your earnings are too high. You do not actually need to have claimed Carer’s Allowance. It is sufficient that you meet the normal Carer’s Allowance rules, other than the earnings limit.
Read more about the carer element on our page about extra amounts of Universal Credit, below.
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