Terms & Conditions

[qwerpets]

Hi, if a couple receive the carer premium and one of them works over 16 hours, should they get the £20 earnings disregard?

Thanks.

[Anonymous]

They should get the £20 disregard [b:edcc180b18]if the one who is a carer works [/b:edcc180b18](and it doesn’t have to be more than 16 hours, in fact if it is more than 16 hours they are probably earning too much to get Carers Allowance). But if the carer does [b:edcc180b18]not[/b:edcc180b18] work, they don’t get the £20 disregard.

There is a particularly complicated set of rules for a case where the carer earns less than £20 and their partner also works. If that is the case, you disregard the lowest of:

– £20
– the total combined earnings of the couple
– the carer’s earnings plus whatever amount would normally be disregarded from the partner’s earnings

See HB Schedule 4, paras 5 and 6.

If they also happen to qualify for the 16/30 hour disregard, they get that as well on top of the normal £20.

[Kay_Tade]

Funny this should come up!! I just posted athis topic on another forum today trying to find out if the software I currently use was calculating incorrectly (CIVICA).

I have the exact scenario described (as well as a disabled child premium)and the system is only giving a £10.00 disregard as Peter has stated, the partner is the one employed.

But should this not apply ?

[quote:9101d26b4a] para 3.— of shcedule 4 :

(1) In a case to which this paragraph applies and paragraph 4 does not apply, £20; but notwithstanding regulation 25 (calculation of income and capital of members of a claimant´s family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £20.
(2) This paragraph applies where the claimant´s applicable amount includes an amount by way of the disability premium, severe disability premium, work-related activity component or support component under Schedule 3 (applicable amounts). SI 2008/1082
(3) This paragraph applies where—
(a) the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 3; and SI 2008/1042
(b) he or his partner is under the age of 60 and at least one is engaged in employment.
(4) SI 2008/1042
(5)
4. In a case where the claimant is a lone parent, £25. [/quote:9101d26b4a]

[Anonymous]

I don’t think the disabled child premium gets you any earnings disregard.

So applying the formula D = MIN(£20, C£e+P£e, PD), the system has correctly identified £10 as the disregard.

C£e = carer’s earnings, in this case zero
P£e = partner’s earnings, in this case more than £10
PD = disregard that would otherwise apply to partner’s earnings, in this case £10.

[Kay_Tade]

[quote=”Peter Barker”]I don’t think the disabled child premium gets you any earnings disregard.quote]

My thinking is reg 22 would!! 😕 it has been escalated and we are waiting for a response from the provider (Will not keep fingers crossed on that)
🙁 , thanks.

[Kevin D]

For what it’s worth, I agree with Peter’s analysis.

[Author]

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