Working Carers Know Your Rights - An advice leaflet for Usdaw members
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Working Carers Know Your Rights An advice leaflet for Usdaw members
Working Carers
Know Your Rights
Usdaw understands that Benefits
many of our members are Carer’s Allowance
juggling paid work with
Carer’s Allowance is paid at a weekly
caring for a disabled partner, rate of £69.70 (from April 2022).
relative or other adult that
It isn’t affected by any savings you
needs their support. may have.
If you regularly care for someone this It can be paid to carers in part-time
leaflet is essential reading. It outlines: paid work.
The benefits that are available to The person you care for doesn’t have
carers in work and the people they to be a relative but could be a friend
care for. or neighbour.
Support for carers.
To qualify you must be:
Carers’ rights at work.
Looking after someone for at least
The Government is making some of 35 hours a week; and
the biggest changes to social security Earning less than £123 per week; and
support since the welfare state was first
set up over 50 years ago. This is causing The person you are looking after must
considerable worry and uncertainty be getting a ‘qualifying benefit’. This
amongst many of our members, means they must be in receipt of:
including disabled workers and their i. The middle or higher rate care
carers. If you are caring for someone component of Disability Living
and are unsure about what you should Allowance; or
be claiming, the best advice is to get
advice. Organisations that can help ii. The daily living component
are listed on the back of this leaflet. of Personal Independence
Payment; or
iii. Attendance Allowance.
You get a Class 1 National
Insurance Credit for every week
in which you receive Carer’s
Allowance – this will help you
qualify for a State Pension.
1Personal Independence Payment Disability Living Allowance has two
(PIP), Disability Living Allowance components paid at the following rates
(DLA) and Attendance Allowance (from April 2022):
(AA) Care Mobility
Component Component
PIP, DLA and AA are benefits that are
Lower rate £24.45 £24.45
designed to help pay for the extra costs
of living with a long-term illness or Middle rate £61.85 N/A
disability. They are non-means tested Higher rate £92.40 £64.50
and therefore, not dependent on how
much money you have, but there are Attendance Allowance rates are:
strict criteria you need to satisfy in
order to qualify. Lower rate £61.95
Personal Independence Payment has Higher rate £92.40
replaced Disability Living Allowance
for working age claimants (those aged To claim Attendance Allowance or
between 16 and 65 years old). There Disability Living Allowance for a child
are no current plans to replace DLA under the age of 16 visit: www.gov.uk
for children aged under 16. People over or contact the Department for Work
the age of 65 who are already receiving and Pensions on the numbers below
DLA will not be reassessed. Attendance for a claim form:
Allowance, paid to those who first claim Attendance Allowance Helpline:
after the age of 65, is not affected 0800 731 0122
by the introduction of Personal
Independence Payment. Disability Living Allowance Helpline:
0800 121 4600
Personal Independence Payment has
two components: Claims for Personal Independence
Payment must normally be made by
A daily living component for people
telephone on 0800 917 2222 or
whose ability to carry out daily living
0800 012 1573 if you live in Northern
activities such as washing or dressing
Ireland. If you cannot use the phone and
is limited by their disability. The PIP
you have no one to help you, write to:
daily living component has only two
rates rather than the three rates of Personal Independence Payment Claims,
the DLA care component. Post Handling Site B
Wolverhampton, WV99 1AH
A mobility component for people
with limited mobility. This will delay the date of your claim.
2Universal Credit (UC) 3. Payments based on monthly
income: employers report all
Universal Credit is a benefit for people earnings directly to Her Majesty's
of working age that will eventually Revenue and Customs (HMRC).
replace all current means-tested Your Universal Credit is calculated
benefits and tax credits. on your household’s wages in the
The following benefits are gradually previous month.
being replaced by Universal Credit:
If your income varies so too will your
Income Support. payment of Universal Credit. Your
Income-based Jobseekers Allowance. Universal Credit payment increases if
your earnings drop and reduces if your
Income-related Employment and wages increase.
Support Allowance.
Housing Benefit. Will I be Better Off with Universal
Credit?
Child Tax Credit and Working
Tax Credit. Whether people will be better or worse
off under Universal Credit will depend
Universal Credit is now fully rolled upon their income, housing costs and
out across the UK. People currently the make-up of their household. But the
receiving the above benefits will transfer Government will save nearly £4 billion
automatically onto Universal Credit a year from the transfer to Universal
when it is introduced for working people Credit, and this saving will mostly come
in their area. The transfer process has from working families.
been subject to delay and it is now
expected all households claiming ‘legacy Who Can Claim Universal Credit?
benefits’ will move onto Universal Credit Universal Credit is a benefit for both
by September 2024. single people and couples on a low
income to provide financial support for
What Will Change with Universal living costs. It can be paid to people in
Credit? or out of work. Carers can claim if they:
1. A single direct payment: Universal
Are aged 18 or over (although there
Credit is paid as a single monthly
are exceptions for some 16 or 17 year
payment, directly into the
olds).
nominated bank account of each
eligible household. If Housing Are under the qualifying age for
Benefit used to be paid to your Pension Credit. If you are in a couple
landlord, it will now be paid to you, and only one of you is over Pension
for you to pay your rent. Credit age, then you will have to
claim Universal Credit.
2. No minimum hours of work: there
are no minimum hours of work to Are in Great Britain.
claim Universal Credit, as there are Are not in education.
with Tax Credits.
3 Accept a ‘claimant commitment’. This Find Out Your Universal Credit
is a contract between you and the Entitlement
Department for Work and Pensions
A good place to start would be to
and may include requirements about
request a benefits check with the
what you will do to look for work or
guidance of Carer’s UK Helpline team
increase the number of hours you
by emailing: advice@carersuk.org
work. Those who care for a severely
disabled person for over 35 hours a You could also try using the very useful
week should not be subject to any Turn2Us online benefits check tool by
‘work-related requirements’. visiting: https://benefits-calculator-2.
turn2us.org.uk
How Much Will I Get? To make a claim for Universal Credit
When calculating how much Universal visit: www.gov.uk/apply-universal-credit
Credit people will get the Government Claims must be made online. Call the
includes a basic rate called the ‘standard free Universal Credit helpline if you
allowance’ and extra amounts for people need help with this on 0800 328 5644.
in different circumstances, for example
if you are a carer, have children or need
help with housing costs.
For claimants in work, Universal Credit
operates in a similar way to Tax Credits.
In other words, earnings below a certain
threshold are disregarded (known as the
work allowance). Net earnings above the
work allowance will be deducted from
Universal Credit at the rate of 55p for
every pound of extra earnings. In other
words, claimants keep 45p for every
pound earned above the work allowance.
The amount of earnings that are
disregarded (if any) will vary depending
on family circumstances.
However, unlike Tax Credits there are
no rules about the number of hours you
have to work to qualify. This means that
carers who care for a severely disabled
person for over 35 hours and who work
for less than 16 hours a week can apply
for Universal Credit once it is introduced
in their area. Whether or not they will
qualify will depend on their income,
savings and other family circumstances.
4The Benefit Cap Exemptions
In some cases, there is a limit on the People in privately rented or social
total amount of specified benefits a housing who do not receive help with
person can receive. This is called a their rent via Housing Benefit will not
‘benefit cap’. The cap only applies to be affected.
people aged 16-64. The bedroom tax only affects people
Carers in receipt of Carer’s of working age. Anyone who is over
Allowance are exempt from the the qualifying age for state pension
benefit cap. credit or who has a partner over the
age (ie anyone born before
Housing Benefit and the 5 October 1951) will be exempt
‘Bedroom Tax’ from the bedroom tax.
If you have recently been bereaved
If you receive Housing Benefit you will be exempt for 12 months
and rent your home from a ‘social after the bereavement.
landlord’ (the council or a housing
association) the amount of Housing You are allowed an additional
Benefit you receive will be reduced room for a child aged under 16 who
if it is decided you have more cannot share a bedroom where
bedrooms than you need. the child is entitled to either the
middle or highest rate of Disability
You are allowed one bedroom for Living Allowance; and the local
each of the following: authority is satisfied that because
You, the tenant, (and your partner of their disability, the child cannot
if you have one). reasonably share a bedroom with
another child under 16.
A person who is not a child (aged
16 years old or over). You are allowed an additional room
for a person or child who requires
Two children of the same sex ‘overnight care’ if:
under the age of 16 years old.
– they are getting Attendance
Two children of the opposite sex Allowance, the middle or
under the age of 10 years old. highest rate of Disability Living
A non-resident adult carer Allowance care component,
providing overnight care. the daily living component of
A child in the armed forces who Personal Independence Payment
plans to return home. or armed forces independence
payment; or
A child who cannot share a
bedroom. – If the person is a child you have
provided the local authority
with sufficient documents,
certificates, information or
evidence to satisfy it that
overnight care is required.
5– In addition arrangements must 25% of the total eligible rent if you
have been made for one or more are considered to have two or more
people who do not live with you bedrooms too many.
to provide overnight care and to
stay overnight regularly in your If your Housing Benefit is restricted you
home for this purpose. will be expected to meet the shortfall
yourself.
Couples who cannot share a
bedroom are allowed an additional Usdaw is very concerned about the
room where they can show that: impact the bedroom tax has on its
members, particularly now that it has
– The person who cannot share is
been extended from the privately rented
getting Attendance Allowance,
sector to those living in social housing.
the middle or highest rate of
Disability Living Allowance Discretionary Housing Payments
care component, the daily
living component of Personal If you are affected by a reduction in
Independence Payment or your Housing Benefit because you are
armed forces independence considered to have too many bedrooms
payment; and you should apply for a ‘Discretionary
Housing Payment’ from your local
– The local authority is satisfied authority. Guidance to local authorities
that because of their disability, suggests:
the person cannot reasonably
“For those claimants who cannot cover
share a bedroom with their
a reduction in Housing Benefit from
partner.
their own resources and who have a
People who are approved foster compelling case for remaining in their
carers (and formal kinship carers in current accommodation, there is the
Scotland) are allowed an additional Discretionary Housing Payments Fund”.
room, whether or not a child has Ask your local authority what services
been placed with them or they are they provide as it differs from one area
between placements, so long as to the next.
they have fostered a child, or have
become an approved foster carer in You must be entitled to help with your
the last 12 months. This also covers rent in Universal Credit or Housing
a claimant who is in the process of Benefit to get discretionary housing
adopting a child and has had the payments.
child placed with them by the local Payments are discretionary. They
authority before the adoption order are paid from a cash-limited budget
is made. allocated to your local authority.
Rates of Reduction If you are struggling to keep up with
14% of the total eligible rent if you your rent speak to your local authority
are considered to have one bedroom or contact one of the organisations
too many. listed on the back of this leaflet.
6Support For A care worker to help provide
personal care at home.
Carers A temporary stay in residential care/
respite care.
Meals delivered to their home.
There are a number of sources of A place at a day centre.
support for carers and it’s not possible Assistance with travel, for example
to list everything here as much of it to get to a day centre.
varies depending on where you live.
Laundry services.
You can find out what services are Replacement care so you can have
available in your area by contacting a break.
Social Services. Alternatively, carers
organisations such as Carers UK
Carers’ Services
can direct you to local sources of
information. You’ll find their contact Most local authorities now have
details at the back of this leaflet. support services for carers. These can
As a carer, Social Services should be anything that might help you to
offer you an assessment if you appear look after the person that you care for
to need support. If you have not or to help maintain your health and
been offered one and would like an wellbeing.
assessment, then contact the adult Some examples of the kind of help that
Social Services department at the local could be available directly to you as a
council of the person you are looking carer:
after.
Help with transport costs, such as
Following the assessment, Social taxi fares or driving lessons.
Services will decide whether you are
Costs for a car where transport
eligible for support. Whether Social
was crucial, such as repairs and
Services will pay for any support
insurance.
provided will depend upon your
financial situation or on the financial Technology to support you, such as
situation of the person you care for. a mobile phone, computer where it
is not possible to access computer
Some examples of the kind of help that services elsewhere.
could be available to the person you are
looking after, in order to help you as a Help with housework or gardening.
carer: Help to relieve stress, improve health
Changes to their home to make and promote wellbeing such as a
it more suitable. gym membership.
Equipment such as a hoist or
grab rail.
7Direct Payments Usdaw, alongside the TUC and
organisations like Carer’s UK, have
This is money given to you or the person been campaigning for Government to
you care for by your Social Services introduce a legal right to paid carers
department. You use the money to buy leave for working carers for many years.
the services you need instead of Social
Services providing them directly. Some Last summer, the Government finally
people use this money to buy care from announced their intention to introduce
an agency whilst others will directly a new day one right to 5 days carers
employ their own staff or pay members leave. This follows a 2019 manifesto
of their own family. commitment and lengthy consultation
process to which Usdaw responded.
Vouchers While we welcome the announcement,
we do not believe the government
Some local authorities give vouchers to have gone far enough. The right will be
the person you are caring for to allow unpaid, making it difficult for low paid
them to buy in support whilst you have carers to be able to afford to use it.
a break.
The Government have not yet confirmed
Needs Assessments when the right will come into effect and
the Union will keep reps and members
These are for adults (18 years of age informed of further developments.
or over) who may need help because
of a disability, ill-health or old age. A The Right to Time Off Work when
needs assessment looks at the range of there’s a Problem at Home
help a person needs (this can include
community care, respite and residential Most employees have the right to take
care services). While the focus of a a reasonable amount of unpaid time
needs assessment is the person you are off work to deal with an emergency
looking after, in most cases the role and involving a relative or someone who
views of the carer should also be taken reasonably relies on you for help, for
into account during the assessment. example:
You can request a needs assessment by
There has been a breakdown in
contacting the local council adult Social
your normal care arrangements, for
Services department of the person who
instance if your home carer does not
may need care.
turn up or is ill.
Your Rights at Work The person you care for has fallen ill
or had an accident and is injured or
Juggling work with caring can upset. The illness does not need to
sometimes feel like an impossible task. be life threatening and may be the
Getting support at work can make all result of a deterioration in an existing
the difference and Usdaw is committed condition.
to making sure you get that support. We
want to make sure carers know about To deal with an incident involving a
their rights and feel confident to use child during school hours.
them.
8 To make longer term arrangements Alternatively, it is probably a good
for a dependant who is ill or injured – idea to let your GP know as some GP
this might mean finding a temporary surgeries hold their own register of
carer. carers. Your GP can also help you
To deal with the death of the person access a carer’s assessment.
you care for. If you have received a carer’s
assessment from Social Services and
In most cases Government guidance have any paperwork relating to this,
says that one or two days should be you might use that correspondence as
enough to sort out the problem but a way of ‘proving’ that you are a carer. If
clearly there will be circumstances you receive Carer’s Allowance then you
where you will need more time. can show your manager the letter from
For more information about the right the Department for Work and Pensions
to time off for dependants see Usdaw awarding you this benefit.
leaflet Time Off for Family Emergencies If you are struggling to get your caring
(Leaflet 349). commitments recognised by your
employer and this is causing you
Changing Your Hours of Work
problems at work contact your Usdaw
Usdaw strongly encourages you to let rep in store or your Area Organiser. If
your employer know about your caring you don’t know who they are or how
commitments as soon as you start to to contact them, call your local Usdaw
care for someone and not wait until office.
a problem arises or it becomes an For more information see Usdaw leaflet
issue at work. If you are a carer ask Flexible Working – Your right to have a
your employer to put a note on your say in the hours you work (Leaflet 346)
personnel file so that this information or the Right to Request Flexible Working
is recorded. Briefing for Reps, both available from:
If you are trying to change your current www.usdaw.org.uk
working hours or your employer is
looking to change your working hours
your manager might ask for proof that The Equality Act 2010
you are a carer. Thanks to the introduction of the
There isn’t a national register of carers Equality Act in England, Scotland
just as there isn’t a national register of and Wales, carers are now protected
disabled people in the UK and therefore from being treated unfairly or
there isn’t a straightforward way of harassed at work because of
proving that you care for someone. their caring commitments. So, for
Some local authorities do operate a example, if a manager refuses to
register so you might want to contact consider a person for promotion
your local town hall and ask for your simply because they are a carer,
name to be added to the carers register or makes offensive remarks
(if they have one). about a person because of caring
commitments, then the Equality Act
can now help.
9Get Advice
For information about carers’ rights email: support@carers.org
contact your local Usdaw office by
calling 0800 030 80 30. Disability Living Allowance (DLA)
Email: equalitymatters@usdaw.org.uk DLA can only be claimed for children
and let us know what you think the under 16 years old. Anyone aged 16-
pressures are for working carers 65 years old must apply for Personal
and what extra support they need. Independence Payment (PIP).
Our evidence will go direct to the Tel: 0800 121 4600
Government – the more personal
stories people can tell us, the more the Textphone: 0800 121 4523
Government will listen. Monday to Friday 8am to 6pm
Useful organisations for carers:
Attendance Allowance (AA)
Carer’s Allowance Helpline For those aged 65+ years old.
General enquiries. Tel: 0800 731 0122
Tel: 0800 731 0297 Textphone: 0800 731 0317
Textphone: 0800 731 0317 Monday to Friday 8am to 6pm
Monday to Thursday 8.30am to 5pm
Friday 8.30am to 4.30pm Personal Independence Payment (PIP)
For those aged 16 to 65 years old.
Carers UK
Tel: 0800 121 4433
The leading national charity for carers.
Textphone: 0800 121 4493
Helpline: 0808 808 7777
Monday to Friday 8am to 6pm
web: www.carersuk.org
Usdaw Equalities Section
Employers for Carers
Usdaw Head Office
Provides advice and guidance to Voyager Building, 2 Furness Quay
employers who want to support carers Salford Quays, Manchester M50 3XZ
in the workplace.
Tel: 0161 224 2804
Tel: 020 7378 4956
email: equalitymatters@usdaw.org.uk
web: www.employersforcarers.org
Carers Trust
Carers can email for advice and support.
Tel: 0300 772 9600 This leaflet was produced with the kind help of
Carers UK
web: www.carers.org
10More Information
Usdaw Nationwide Join Usdaw
Wherever you work, an Usdaw rep You can join online at:
or official (Area Organiser) is not www.usdaw.org.uk/join
far away. For further information or
assistance, contact your Usdaw rep or
local Usdaw office. Alternatively you
can phone our Freephone Helpline
0800 030 80 30 to connect you Scan the QR code
to your regional office or visit our to join today.
website: www.usdaw.org.uk
You can also write to the Union’s Head
Office. Just write FREEPOST USDAW What Happens Next
on the envelope and put it in the post. Once we process your application, you
will receive a membership card with
your Helpline telephone number and
a New Member’s Pack giving details
of all the benefits and professional
services available to you.
Lft 343 March 2022
Stock photography, posed by models
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