An award of universal credit is to include an amount (“the carer element”) specified in the table in regulation 38 where a claimant has regular and substantial caring responsibilities for a severely disabled person, subject to paragraphs (2) to (4) and F2section 70 of the Contributions and Benefits Act (entitlement by different persons to the carer element and to carer's allowance F3or carer support payment in respect of the same severely disabled person).

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.

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 of them and that is the one they jointly elect or, in default of election, the one the Department determines.

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.