Carers Allowance

[Jan123]

Hi I am new to this so am hoping I am doing this in the right way. Does anyone know what "care" means when claiming CA? Do you just have to be available if needed or physically with someone.

Any help would be great

[reallymadwoman]

You must provide care for at least 35 hours a week to qualify for Carer's Allowance. Whilst you don't necessarily have to live at the same address, I would have thought being physically in the same location would be necessary to provide care, I doubt being available would qualify.

[Jan123]

If it was a relative who lived in the same area and you spoke to her on the phone many times a day. Went with her when needed to appointments. Would that count? I am in doubt as to how the hours have to be explained.

[Nystagmite]

But would that add up to 35 hours a week? Whilst you don't need to at least 5 hours each day, it doesn't sound like a huge amount to me.

[Shoelover]

And there is a weekly earnings limit for the carer too

[Jan123]

Hi this carer claiming CA and income support. She tried to claim pip. She is going to tribunal. Her main issue is anxiety and depression, she is not able to leave her home unless she has support. However DWP is questioning her CA. Only way I can see her not getting into trouble is if 35hours could include phone calls and "being there" if needed.

[Nystagmite]

I still can't see how that adds up to 35 hours a week. Whilst of course you can have a disability and claim CA, it sounds like she could possibly be contradicting herself in what she can't do in regards to PIP.

 

There is no definition of what care means and it can include phone calls; but as mentioned, I don't see how that could add up to 35 hours a week.

[*RainbowTears*]

I still can't see how that adds up to 35 hours a week. Whilst of course you can have a disability and claim CA, it sounds like she could possibly be contradicting herself in what she can't do in regards to PIP.

 

There is no definition of what care means and it can include phone calls; but as mentioned, I don't see how that could add up to 35 hours a week.

 

+1

 

Personally I can't see how the person is providing 35 hours care to A another when they can't leave their own house without support.

 

It's a contradiction & is probably why it's being questioned.

 

Hope you manage to get this sorted...

[Shoelover]

I agree with the above.. I think care would need to be something more than a phone call.

[Jan123]

Thanks for all your thoughts. I agree she cannot be fulfilling the 35 hours required for CA. Well maybe I should say it looks that way. If her mum came to her house each day I personally would say it would look more like mum is looking after her. If she told DWP she was no longer caring for her mum would that stop any possible investigation. I could handle her tribunal for PIP which will involve the CA issue. I cannot see any other way she can get out of this mess!

[neword]

Carer's do not have to be physically present for the entire 35hours but must be able to show they are putting in the required minimum of 35hours.

 

As a Carer myself I do a lot of the simple tasks like helping my wife get dressed/undressed/prepare food/clean up etc but, the time can also include things like going and doing the shopping each week for her, taking her to appointments, going and paying her bills, making phone calls, fetching prescriptions etc there is a very long list of activities associated with caring hours and it's surprising how many hours can be taken up out of that 35 hours where you are not physically in the presence of the person who needs the care.

[_R_]

Thanks for all your thoughts. I agree she cannot be fulfilling the 35 hours required for CA. Well maybe I should say it looks that way. If her mum came to her house each day I personally would say it would look more like mum is looking after her. If she told DWP she was no longer caring for her mum would that stop any possible investigation. I could handle her tribunal for PIP which will involve the CA issue. I cannot see any other way she can get out of this mess!

 

Do you know what has actually been happening with regards to the caring? It sounds like she hasn't been caring and you're now trying to think of an excuse for the tribunal that might let her get away with it. What explanation has she given?

 

That aside, lets assume she has been caring and her PIP statement is also true. Is that possible? How far is it between the two homes? Does she drive or walk? She might have great difficulty going out but be able to manage a short distance if she speaks to her mum for "support" before she goes and during the journey if she needs to, or there may be someone at home who provides support before she leaves, or maybe someone gives her a lift. Then she's not actually doing the journey unsupported so it's not contradicting what she said for PIP. What did she put on her PIP form and what did she say in her assessment about her daily routine? If she stated she rarely leaves her home then that's hard to argue, a pretty clear contradiction, unless her mum is coming to her house. If she said she is caring and was honest about that I think that could be valid and not contradict her claim. If she's on her own at home with depression she'd likely be struggling and there could be benefits to her in terms of mutual support if she did spend the day with her mum. The care she provides giving her an opportunity to keep busy, take her mind off her own problems and just have company.

 

Did she have to specify what care she would be giving to her mum when she applied for CA? It would be quite possible for two people with mental health problems to go out and do things together, providing support to each other, even if both would struggle to go out alone. The anxiety may be lessened simply by the other being present. Similarly one with mental health problems and one with physical problems.

 

Has her mum been coming to her house each day? I think this could be valid but it would depend on the condition that the mum has and what care is needed. Is it relevant for CA where the care is provided? I wouldn't have thought so but I know very little about it but assuming it doesn't matter then I think the mutual support argument would apply again. There's no reason to believe her mum is caring for her and no care is returned just because they spend the day at her home rather than her mum's.

 

If all she has been doing is talking on the phone I don't think this would count.

 

I think you just need more information from her about what she has actually been doing and how she has managed to do it despite her difficulties.

[Shoelover]

Thanks for all your thoughts. I agree she cannot be fulfilling the 35 hours required for CA. Well maybe I should say it looks that way. If her mum came to her house each day I personally would say it would look more like mum is looking after her. If she told DWP she was no longer caring for her mum would that stop any possible investigation. I could handle her tribunal for PIP which will involve the CA issue. I cannot see any other way she can get out of this mess!

 

Is there an investigation?

[Jan123]

She has many problems with many issues. I only found out she was claiming CA when she came in with her tribunal papers DWP have asked tribunal to look at CA as PIP form says she cannot leave home unaided hence how can she be a carer. Her whole life is complicated. She has needed a lot of support in the past. I am trying hard to see how she can be a carer but hit a brick wall. I have been a carer in my past and spent a lot of time hopefully making someone's life easier. I am struggling to see what support she gives. It seems her mother is more of a carer re her PIP form. I strongly suspect there will be an investigation if so I think she will have to pay benefits back at the least. She will not cope if this happens. Ok I know some will say she deserves it but does she really. Sorry for her to a point but I feel she is just after benefits. Mum lives with her husband both pension age.

[_R_]

That's difficult. I was trying to give her the benefit of the doubt but it doesn't sound like she's doing the caring that she claimed and if that's the case I think you're right that she'll have to pay it back.

[Shoelover]

To answer your question, ending the claim might stop an investigation but equally it might not.

Personally I don't think phone calls is enough to be considered care.

[mariner51]

Jan123, are you acting as a prof Advisor or just as a concerned private citizen?

[Jan123]

I am a volunteer working with adults with disabilities. I hope that is ok. Hope I haven't broken any rules. Sorry if I have it was a genuine mistake.

[honeybee13]

I am a volunteer working with adults with disabilities. I hope that is ok. Hope I haven't broken any rules. Sorry if I have it was a genuine mistake.����

 

Hello there.

 

No, I don't think you've broken any rules. We like to help people in need.

 

HB

[Jan123]

Hi Honeybee thanks for that. I was worried I had done something wrong!

[Shoelover]

It's nice to see people going the extra mile to help others Jan! Also knowing the context you are asking in also helps.

 

My concern would be potentially your client could be invited to attend an interview under caution if the case goes to the fraud team. If that does happen post here & folks will try to help.

 

In the interim, has she had any review forms through for the CA?

[Jan123]

Thanks Shoelover. Her CA is the first topic on her PIP tribunal papers. I am thinking if she stopped her CA she would have to admit she was no longer caring therefore her IS would stop so she would have to try for ESA. Again I am wondering f she did this would they still investigate how she had been caring. I am troubled by the fact it will look as though she has been lying re the CA so will the tribunal think she is lying about her claim to PIP. I suspect so. Her medical evidence is slim. Her PIP form contradicts her claim to CA. She says she is not aware of having to complete any review forms. I do not know what to suggest would be her best course of action. No matter what I think of I get so many negatives and I do not want her to be any more stressed that she needs to be. I do suspect she is playing the benefit system but there again she has had a difficult life and I would never judge her in anyway. I just want to make sure I can give her options as the choice will be hers to make.

 

You are all absolutely fantastic. I really appreciate all of your replies.

[Shoelover]

Who filled in her claim forms - any idea?

[Jan123]

She filled her own form for PIP and did her own MR. I have her tribunal papers. Her PIP makes her caring look as though it would be impossible for her to manage. I a really stuck as the best way forward. I a so grateful for all your support.

[Shoelover]

Tricky...

if the tribunal have instructed the DWP to review her CA then hopefully they will review it and just end it from the review date.

Was she capable of caring when she applied for the CA and her own condition has worsened?