The Universal Credit Regulations 2013

Award to include the carer element U.K.

29.—(1) An award of universal credit is to include an amount (“the carer element”) specified in the table in regulation 36 where a claimant has regular and substantial caring responsibilities for a severely disabled person, but subject to [F1 paragraphs (2) to (6)] [F2 and [F3 section 70] of the Contributions and Benefits Act (entitlement by different persons to the carer element and to carer’s allowance [F4 or carer support payment] in respect of the same severely disabled person].

(2) In the case of joint claimants, an award is to include the carer element for both joint claimants if they both qualify for it, but only if they are not caring for the same severely disabled person.

(3) Where two or more persons have regular and substantial caring responsibilities for the same severely disabled person, an award of universal credit may only include the carer element in respect of one them and that is the one they jointly elect or, in default of election, the one the Secretary of State determines.

[F5 (4) Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.]

[F6 (5) Paragraph (6) applies where—

(a) a person (A)—

(i) has, or would have but for regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, an entitlement to carer support payment; or

(ii) has, or would have but for section 70 of the Contributions and Benefits Act, an entitlement to carer’s allowance in respect of which the Scottish Ministers have the power to make decisions; and

(b) another person (B) has, or would have but for this regulation, an entitlement to the carer element of universal credit for the same day in respect of the same severely disabled person; and

(c) section 70 of the Contributions and Benefits Act does not apply to the decision in respect of B’s entitlement to universal credit.

(6) The universal credit award of B shall not include a carer element unless—

(a) A and B jointly elect that B shall have entitlement to the carer element and that A shall not have an entitlement mentioned in paragraph (5)(a) for that day in respect of that severely disabled person; or

(b) in default of such an election, the Secretary of State is satisfied, following consultation with the Scottish Ministers, that—

(i) Scottish Ministers have decided, or will decide, that A shall not have an entitlement mentioned in paragraph (5)(a); and

(ii) B shall have a carer element included in their award of universal credit,

for that day in respect of that severely disabled person.]

Textual Amendments

F1 Words in reg. 29(1) substituted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 23(3)(a)(i)

F2 Words in reg. 29(1) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 13

F3 Words in reg. 29(1) substituted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 23(3)(a)(ii)

F4 Words in reg. 29(1) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 23(3)(a)(iii)

F5 Reg. 29(4) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 4(6) (with Sch. 2 paras. 8-15)

F6 Reg. 29(5)(6) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 23(3)(b)