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Whats DWPs definition of 'caring' - Carers UK Forum

Whats DWPs definition of 'caring'

Share information, support and advice on all aspects of caring.
If my mother goes into a nursing home, what things can I include/not include under the DWP definition of 'caring' to make up my 35 hours ?


Background.

My mother is disabled and receives Attendance Allowance and NHS continuous care. Currently she lives in her own home, I live some distance away, but go and stay with her for several days a week.

I spend most of my time when I’m with her caring for her. The DWP are happy about this and pay me the Carers Allowance as I have no other income.

Now the NHS want my mother in a nursing home as they say she is not able to look after herself when I'm not there and she is a danger to herself.

If she does go into a home, although I will still be giving up well in excess of 35 hours a week to visit and care for all her needs that the nursing home don’t/wont provide. How will I be able to prove to the DPW that I still provide 35 hours of 'care'.

Currently, as I'm there at night, that’s acceptable to include as part of my 35 hours, but if my mother is in a home, they wont want me there over night, so I'll have to stay in my mothers house as it would be impractical to travel back to mine. Hence while I am giving up a big chunk of my time for my mother, I'm sure the DWP won't count this as 'care' time.

Also, as we will not sell the house unless absolutely necessary, I will still have to give up my time to clean and maintain it inside and out, which is currently part of my 35 hours. If she is not there, will the DWP still classify this as 'caring'.

What I see happening is myself having to put even more hours in, yet loosing the benefit which I rely on to pay the petrol costs to visit my mother. This being a result of my mother expected to pay for (/sell her house to pay for) the care which I currently provide.

So, after my long winded post, finally the question.

If my mother does go into a nursing home, what things can I include/not include under the DWP definition of 'caring' to make up my 35 hours ?
Take a look at this,hope it helps.

http://www.direct.gov.uk/en/HealthAndWe ... G_10031411
Thats all good info. but I still can't find anywhere a definition of what 'caring' consists of.
Welcome to the forum, lamkida. The only definition of caring that I've seen from the DWP is the "35 hour rule" you have mentioned. However, their "Decision Makers Handbook" is available on the web at this location: http://www.dwp.gov.uk/publications/dwp/dmg/pdf/ch60.pdf

It actually says in this chapter that there is no legal definition of caring (other than "regular and substantial"), but it also says this (SDP stands for Severely Disabled Person), which may apply in your case:

60042 There may be situations where
1. the SDP is living permanently in a care home or nursing home and
2. the claimant can still satisfy the caring condition.
The DM does not need to consider where the caring takes place, but who provides
that care and if it is being provided for an SDP.


That being said, the person you care for would still have to receive AA or DLA care components - and that usually ceases four weeks after going into residential care unless the person is self-financing, so this rule rarely if ever sees the light of day - I'd not seen it before today. And if you are in this position, I'd get the home to verify your caring role. Just in case.
Thanks charles47 that link is excellent. I didn't know thier rule books were available for the public to read. I always thought the DWP rules were dark and secret.

I had hoped for a detailed list of whats in and whats out, but I guess its up to the Decision Maker, who uses the publication as a guide. I guess a list, however long would never be complete, which is why the use common sense.

Yes my mother will be self financing and I have been told her AA will continue.

This finance issue is another whole bag of worms. It certainly appears to me that getting my mother into a nursing home will save them (the council) money, but put about £200.00 of extra cost on my mother, and thats without loosing CA. Even if I don't continue to get CA, I will still be visiting her and buying things.

This whole episode is becoming VERY expensive, but then no-one likes to just hand over
money.
You're welcome - it is an excellent link that I only recently found myself. I use it a lot now and it's now on "my favourites" on my computer at work. Other manuals are useful for the general run of stuff, but every now and again you come across a little nugget like the one about getting Carers Allowance when someone is in a care home...
Poking around on the DWP site, I noticed the following statement.

"Carers who employ someone to look after a disabled person or a child aged under 16 while they are at work will continue to be entitled to the allowance while earning significantly more than the normal limit. "

From
http://www.dwp.gov.uk/mediacentre/press ... 200907.asp

Titled - 20 September 2007 – Carers to earn more without losing out.

I guess this is aimed at people being cared for in their own home. But could it also apply to my mother, who is self-funding, in a nursing home?

Ie she is employing the nursing home staff, while I could go out and earn ?

Also, to claim CA, 35 hours of care need to be provided. Do I have to provide that 35 hours, or can I employ someone else to do the 35 hours on my behalf and then claim CA for myself?
The way the rules seem to read suggests that entitlement to Carers Allowance still relies on your personally providing 35 hours a week of care. The rule you mention covers the issue that if you employ someone to provide some of the care while you are out at work, the expenses involved can be taken off your net earnings. For example, if you earn £200 a week net (nice thought) and it costs £120 a week in caring costs, your earnings will be treated as being £80 a week - below the threshold, so Carers Allowance could be paid. If your caring costs were £80, you would be treated as earning £120 a week - above the threshold, so no Carers Allowance. For some reason this is not covered in the rules and the interpretation of what is an acceptable cost seems to be more or less discretionary - but it will be interesting to find something more concrete. That said, the Carers Allowance people are pretty flexible on this.

But you have to:

1) be the person paying for the care provision - out of your own pocket

2) provide 35 hours of care yourself - additionally to any work you do or any care provided by anyone else. Otherwise you would not be a carer. There is one caveat to this (there almost always is). If you are temporarily not caring for someone for the full 35 hours a week, but have satisfied the condition for at least 14 out of the last 26 weeks, you could be treated as still providing care - but in the scenario you have given, I doubt that this would apply.

I do recommend that with the kind of queries you have, you speak to the CarersLine or a specialist agency, as your queries are very detailed.
I was told by d.w.p. that if Stan was even in hospital for more than 28 days his benefits would stop and my carers allowance would eventualy be afected if he was i care/nursing home he would not be in receipt of benefits therefore even if i still "cared" for him i would not be able to claim the carers allowance .

At the time we were thinking of Stan going into care home but after some respite stays we decided against it as care homes were not in our opinion any good.

GEORGE
I was told by d.w.p. that if Stan was even in hospital for more than 28 days his benefits would stop and my carers allowance would eventualy be afected if he was i care/nursing home he would not be in receipt of benefits therefore even if i still "cared" for him i would not be able to claim the carers allowance .

At the time we were thinking of Stan going into care home but after some respite stays we decided against it as care homes were not in our opinion any good.

GEORGE
And what you've said is absolutely right for a lot of carers George - it's just that some people keep their AA or DLA because they pay for their residential placement themselves. That's when the complications set in! Image