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Original poster

Carers Allowance

24 replies

MrsPriceAndHerJamTarts · 21/01/2023 22:34

My SIL does some caring for my elderly MIL. My DH has financial and health care power of attorney. SIL recently mentioned that she wanted to apply for carers allowance. She in no way does 35 hours of care per week. A relative suggested that it's quite easy to claim as you don't need to submit any evidence and no one checks up on it. My DH said to SIL that it would probably have an effect on MIL's other benefits (eg council tax reduction) and that neither he or SIL were doing that many hours so it wouldn't be appropriate at the moment.

He's not heard anything since, but would it be possible for SIL to claim without DH knowing/being informed about it as power of attorney? And is it correct that anyone applying will pretty much be accepted if they say they meet the criteria?

OP posts:
Original poster
MrsPriceAndHerJamTarts · 22/01/2023 08:35

Hopeful bump!

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VictoriaBun · 22/01/2023 08:47

The benefit is for the carer . It isn't connected to any benefits the disabled / person needing care is having. So I doubt there is any need for the third person who has poa would be kept in any loop of being informed they are in receipt of it.

Smudgeis13 · 22/01/2023 08:54

The person being cared for needs to sign in the form that they agree to that person claiming. And if the “caree” receives Pension Credit, they will lose £38.85 p.w. (carers premium).

Babyroobs · 22/01/2023 10:01

Smudgeis13 · 22/01/2023 08:54

The person being cared for needs to sign in the form that they agree to that person claiming. And if the “caree” receives Pension Credit, they will lose £38.85 p.w. (carers premium).

It is if the cared for person receives a severe disability premium on pension credit that they lose this if someone claims carers allowance for looking after them. It is £69.70 that they lose. However not all pensioners will be getting pension credit if they have a decent state pension and private pension. Op no -one ever checks how many hours caring is done. It is just kind of assumed that if the cared for person is disabled enough to be getting a disability benefit ( your mother in law will need to be in receipt of Attendance Allowance, DLA or PIP for sil to claim carers anyway ), that they require care. There are absolutely tons of peope who don't do that much caring and still claim carers allowance but caring can class as supervision, doing shopping, calling to check they are ok etc. Equally there are many other carers who do far more than 35 hours a week and the pittance of an amount that is paid remains the same. However claiming carers allowance can help the claimer in that if they don't work and claim Universal credit they can get a carers premium on that and not have any work commitments. If your sil does make a claim they will write to your mil and notify her that a claim has been made. This is to prevent the cared for person losing money unknowingly.

RoseOud · 22/01/2023 10:13

When my dad was in sheltered accommodation, DH and I would go round and give him his meals, take his laundry, clean the bathroom etc etc.
I thought of carers allowance, but we didn't spend the 35 hours a week with him.
So, my dad claimed attendance allowance and he would give us some of that to cover all the costs.
Worked out fine for everyone.

LIZS · 22/01/2023 10:18

Does she already get attendance allowance?

Smudgeis13 · 22/01/2023 10:59

Carers Allowance is a good deal for the Government. When I visited pensioners and their families, when this was discussed I would ask if they were on call if any problems occurred. In every case the answer was Yes. That was good enough for me. The claim was made. Apologies for earlier mistake. Baby Roos has given the correct info.

Original poster
MrsPriceAndHerJamTarts · 22/01/2023 11:44

Yes, she receives attendance allowance. She has dementia. She has agency carers coming in 3x a day for meals and medication, private carers coming 4x a week for 2 hours in the afternoon (they also do shopping with MIL, or for her), and a cleaner. SIL visits at most twice a week for an hour or two and takes her to some appointments (not all).

If you need the "caree's" permission to submit a claim, but they no longer have mental capacity, should it not fall to the power of attorney?

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Babyroobs · 22/01/2023 12:23

MrsPriceAndHerJamTarts · 22/01/2023 11:44

Yes, she receives attendance allowance. She has dementia. She has agency carers coming in 3x a day for meals and medication, private carers coming 4x a week for 2 hours in the afternoon (they also do shopping with MIL, or for her), and a cleaner. SIL visits at most twice a week for an hour or two and takes her to some appointments (not all).

If you need the "caree's" permission to submit a claim, but they no longer have mental capacity, should it not fall to the power of attorney?

Does your mil receive pension credit ? If not then there's no reason why your sil can't claim carers allowance if providing 35 hours care or supervision to her. It does sound a bit like your sil doesn't qualify unless as above she is on call or does lots of other stuff for mil like paperwork or ordering prescriptions, emotional support, supervision etc. have you questioned her on whether she qualifies ? Perhaps encourage her to check the criteria on the Gov. uk site. When she makes the claim she needs to declare that she is providing 35 hours of care a week, if she isn't then that is fraudulent to make the claim although as stated previously no-one checks up !

naturalchiller · 22/01/2023 12:57

If your SIL is not working at the moment then she can aim carers allowance which will help her out.

No one checks on the 35 hours and honestly as long as the person isn't on pension credit I think you're being a bit mean here. Unless you are bitter because she thought of it first and you want the money for yourself?

It won't make you rich.

Caring isn't just hands on it's all the other stuff too.

Babyroobs · 22/01/2023 13:22

VictoriaBun · 22/01/2023 08:47

The benefit is for the carer . It isn't connected to any benefits the disabled / person needing care is having. So I doubt there is any need for the third person who has poa would be kept in any loop of being informed they are in receipt of it.

It certainly is connected to benefits that the disabled person claims as if the disabled person receives a severe disability premium on a benefit like pension credit or ESA ( for those under pension age ) they would lose this if someone claims carers allowance. many older people receive this sdp if they live on their own and claim pension credit and are receiving a disability benefit. This is why when someone makes a claim for carers allowance, the carers allowance department send a letter to the cared for person to let them know a claim has been made. It is at this point that the cared for person can challenge it if they don't thin they are cared for for the required time or if it is going to affect their benefits.

VictoriaBun · 22/01/2023 13:39

@Babyroobs

I care for my dh , he is on PIP and support group esa, he is under state pension age .

Original poster
MrsPriceAndHerJamTarts · 22/01/2023 13:41

@Babyroobs No, she's not receiving pension credit.

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Babyroobs · 22/01/2023 13:47

VictoriaBun · 22/01/2023 13:39

@Babyroobs

I care for my dh , he is on PIP and support group esa, he is under state pension age .

Yes so severe disability benefit doesn't affect you as your dh won't be claiming it as you live with him. But it's different for others who do claim it and would lose it if someone starts claiming carers allowance.

Babyroobs · 22/01/2023 13:49

MrsPriceAndHerJamTarts · 22/01/2023 13:41

@Babyroobs No, she's not receiving pension credit.

That's fine then, it won't affect her benefits. So really it just depends whether your sil meets the criteria - providing 35 hours of care a week and does not earn more than £132 a week.

Original poster
MrsPriceAndHerJamTarts · 22/01/2023 14:27

@Babyroobs Well, in my opinion, no. She barely does 5 hours a week, but if as @Smudgeis13 said, being "on call" is enough (she does live closer than us), then I'm sure in her mind she's entitled to it.

But would we know about it since MIL does not have mental capacity to decide one way or another?

@naturalchiller No, I'm not interested in the money or "bitter she thought of it first". DH does what's necessary for his mum (arguably more work with the admin involved with financial POA).

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RudolphTheGreat · 22/01/2023 14:35

I don't think attendance allowance and carers can both be claimed?

Babyroobs · 22/01/2023 14:37

RudolphTheGreat · 22/01/2023 14:35

I don't think attendance allowance and carers can both be claimed?

Attendance allowance is claimed by the disabled person. carers allowance is claimed by the carer.

RudolphTheGreat · 22/01/2023 14:37

Scrap that seems I'm wrong. I thought one effected the other

Babyroobs · 22/01/2023 14:40

MrsPriceAndHerJamTarts · 22/01/2023 14:27

@Babyroobs Well, in my opinion, no. She barely does 5 hours a week, but if as @Smudgeis13 said, being "on call" is enough (she does live closer than us), then I'm sure in her mind she's entitled to it.

But would we know about it since MIL does not have mental capacity to decide one way or another?

@naturalchiller No, I'm not interested in the money or "bitter she thought of it first". DH does what's necessary for his mum (arguably more work with the admin involved with financial POA).

Your mil will be sent a letter saying someone has made a claim for carers allowance and that this may affect any benefits she claims. If your dh has POA then he could ring carers allowance and say that the person making the claim does not care for 35 hours a week. It depends whether he wants to do this and cause a rift or not. Supervision counts as care. As previous poster says being on call counts, I'm not sure but either way no one checks. If she provides 5 hours of care a week and carers allowance is £69.70 a week so just over £13 an hour if you want to look at it that way. I would let her claim it if no-one else is doing more caring.

Babyroobs · 22/01/2023 14:42

RudolphTheGreat · 22/01/2023 14:37

Scrap that seems I'm wrong. I thought one effected the other

One does affect the other - the carer cannot claim carers allowance without Attendance allowance ( or another disability benefit like PIP or DLA ) being awarded.

Original poster
MrsPriceAndHerJamTarts · 22/01/2023 20:19

@Babyroobs Thanks for your input. We'll see what happens.

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tootiredtospeak · 16/03/2023 19:36

I have just told my sister to claim for this. We have been supporting my MIL since Xmas as FIL has been in hospital. We are all doing way more than 35hrs as we have to provide 24hr support so do 24 hrs each then swop. She doesnt work and I cant claim it as I work and earn way more than you can. Someone may was well even before this we did shopping every week visiting all doctors and hospital appointments ect. I dont get why you wouldn't want her too if she has no benefits it affects

Original poster
MrsPriceAndHerJamTarts · 22/03/2023 11:49

@tootiredtospeak Because she's not doing anything close to what you're doing? She visits around once a week for an hour or two. MIL does not need 24h support currently, thankfully. I just don't think it's fair?

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