The carer element of universal credit and employment and support allowance
19.—(1) Paragraph 6 (severe disability premium) of Schedule 4 (amounts) to the Employment and Support Allowance Regulations 2008(1) is amended as follows.
(2) In sub-paragraph (2)(a)(iii), for “a carer’s allowance under section 70 of the Contributions and Benefits Act” substitute “a carer’s allowance or has an award of universal credit which includes the carer element”.
(3) In the closing words of sub-paragraph (2)(b)—
(a)after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”; and
(b)after “such an allowance” insert “or has such an award of universal credit”.
(4) In sub-paragraph (5)(b)—
(a)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
(b)after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”.
(5) In sub-paragraph (6), after “carer’s allowance” insert “or universal credit which includes the carer element”.
(6) In sub-paragraph (8)—
(a)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
(b)after “that allowance” insert “or had such an award”.
(7) In sub-paragraph (9)—
(a)the existing provision becomes new sub-paragraph (9)(a); and
(b)after new paragraph (a) insert—
“(b)A person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.”.
S.I. 2008/794; relevant amending instruments are S.I. 2010/1160 and 2014/2888.