Substantial minority carer

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    Has anybody heard of the term ‘substantial minority carer?’

    We have a gentleman who has been advised to appeal his room rate by someone at EAGA community legal advice.

    He cares for his child 2 nights a week and every other weekend, we know nothing about his partner who is not in our area. We advised that he would only get the 1 bed room rate as he is not the main carer for his child and could only use the DHP route(which to be honest we would probably turn down as this could set a precedent).

    The advice he has been given is that as he is a ‘substantial minority carer’ which is someone who has the child for more than 104 nights a year then he may be able to get the 2 bed rate, as long as no one else is receiving HB with the child in the claim.

    We are fully aware of the child only being allowed in 1 claim but have always said the parent has to be the main carer even if theother parent is not claiming(regardless of who gets cb for the child). We are now unsure if we are looking at these correctly. This could have a big impact on our current practise as we have been trying for so long to find a way to pay part time parents but are finding it impossible.

    Is there any legislation that supports this view from EAGA.

    Debbie P

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