PART 4ELEMENTS OF AN AWARD
Particular needs or circumstances – carers
Award to include the carer element29
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 F4paragraphs (2) to (6)F2and F5section 70 of the Contributions and Benefits Act (entitlement by different persons to the carer element and to carer’s allowance F6or 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.
F14
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.
F35
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.