For the purpose of the procedure manual the disregard will be divided into two categories: CARERS and CAREWORKERS. In order to be disregarded the person must fit either category in full.
See also connection with exemption Class J
In order to be considered as a careworker the following criteria must be met:
The person must be providing care or support on behalf of a local authority or charitable body or
Employed by the person who is being cared for but has been introduced to that person through the local authority or charity
Engaged or employed for at least 24 hours per week
Be in receipt of less than £44 per week (from April 2007 ((this was £36 up until 31st March 2007 and £30 per week up until 31st March 1998)
Be resident in premises provided by their employer for the better performance of their duties – N.B. this does not necessarily mean that they have to reside with the person they are caring for.
The provisions for careworkers are specific and evidence should be gathered as to whom the person is working for in addition to details of pay and hours worked. Please note that careworkers may also have other employment not necessarily connected.
In assessing the gross wages, this is the amount actually paid by the employer, other forms of remuneration such as provision of accommodation etc. would be ignored.
The second (different) category of carer primarily relates to non-professional carers and in particular looks to cover all relative carers. In this particular case no reference is made to actual earnings or payment as often there is none involved. However there is a reference to hours worked and this would need to be confirmed in writing by the person claiming the disregard.
The criteria that have to be satisfied are:
The person is providing care to a person who is in receipt of any of the following qualifying benefits:
The Highest (or Middle Rate from 8th April 2013) of the Care Component of Disability Living Allowance under S72 of the Social security Contributions and Benefits Act 1992;
The lower rate or higher of Attendance Allowance (from 8th April 2013)
The standard or enhanced rate of Daily Living Component of the Personal Independence Payment as defined by the Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013
An increase in the rate of disablement pension under S104 of the above act
An increase in the constant attendance allowance under the above act.
an armed forces independence payment
The person providing care must be resident within the same dwelling as the person being cared for.
The person must be providing care for at least 35 hours per week
The person must not be a disqualified relative namely a spouse/civil partner (married or unmarried) or the parent of a child under 18 years
Whilst it is perhaps normal for a single carer to be present there is no limit on the number of carers that can be present and disregarded provided each meet the above criteria (MENCAP Survey).
There is no restriction on a carer also having additional employment, which may occur if parents etc are looking after adult children who require care.
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