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Some help please - Carers UK Forum

Some help please

Share your ideas about the practical side of caring.
Hi All,

Some help will be very much appreciated

My wife gets paid every 4 weeks,
Does that make any difference to how the DWP workout her carers allowance?

My wife’s shift cycle is over three weeks
Does that make any difference to how the DWP workout her carers allowance?

My wife works and gets paid the following
Week 1 – 2 shifts and gets £140
Week 2 – 1 shift and gets £70
Week 3 – 1 shift and gets £70
Week 4 – 2 shifts and gets £140

Week 1 – 1 shift and gets £70
Week 2 – 1 shift and gets £70
Week 3 – 2 shifts and gets £140
Week 4 – 1 shift and gets £70

Week 1 – 1 shift and gets £70
Week 2 – 2 shifts and gets £140
Week 3 – 1 shift and gets £70
Week 4 – 1 shift and gets £70

Wage 1 (4 weeks) she works 6 shifts and gets paid £420
Wage 2 (4 weeks) she works 5 shifts and gets paid £350
Wage 3 (4 weeks) she works 5 shifts and gets paid £350

I’ve read the DWP can calculate the average wage over 5 weeks or over the shift pattern cycle, in my wife’s case that would be the average over 3 weeks,

She earns an average of £93.33 per week over three weeks.
If you take the average over 5 week this would be £98 (but not a true average)

The DWP have paid some weeks but not most weeks they said she is not due carer’s allowance

My wife has been working these shifts for the last ten weeks and only been paid carers allowance for 2 weeks (average weekly wage over the 10 weeks £98)
She has contacted the DWP several times on the phone but she is finding it very difficult to get any information from them. Even the letters she receives from them are very vague

The way we see it she sould be entitled to carers allowance for all ten weeks because her average wage is £93.33

Your help on this would be appreciated,

Thanks,

ScottB
Hi Scott

If you give our Adviceline a call they will do a free benefits check for you. Freephone 0808 808 7777 (Weds & Thurs 10-12 and 2-4). They are the best people to speak to as they are the experts when it comes to anything to do with carers!

We also publish a factsheet on Carer's Allowance which you might find useful. If you send me a PM with your full name and postal address I can send you a copy.

Best wishes

Christine
My wife has phoned the above number and phoned back the DWP,

They are not taken into account her shift cycle of three weeks because she gets paid every 4 weeks and the wage slip (May) she sent she worked six shifts (2,1,1,2)
The next to months she will work 5 shifts 1,1,2,1, and 1,2,1,1,

She is getting penalised because she gets paid every 4 weeks?

The only way to get an accurate and fair average is to take the average over 3 weeks?

“If your earnings vary from week to week an average of your earnings is taken. If you have a regular pattern of work, your earnings are averaged over one complete 'cycle'. If you do not have a regular pattern of work, your earnings will be averaged over five weeks, or whatever period will enable your weekly earnings to be assessed more accurately.â€
Write to them and explain the cycle is not a four week pattern but is accurate over 12 weeks, and ask them to take the pattern over that period in line with their explanation. Tell them that if they do not agree to this you will appeal.
Hi Charles, they will probably tell you that they work in 13 and 26 week blocks for longer term shift work, but it is worth a try. Using the annual wage would be a far more accurate way of working it out, especially in this case.

Take care
Meg
Charles & Meg,

Thanks,

Will have to write to them again?

Taken the average over 12, 13, 26 or any other 4 weeks and greater the average is below £100 (it’s only the 4 weeks they want to calculate does it go above £100)

Is this typical of what carer’s have to put up with from DWP


Thanks,

ScottB.
Hi All,

Does anyone know were I can get a copy of the "CARER'S ALLOWANCE RULES"?

My wife has been told because she gets paid 4 weekly they will ONLY divided the avarge wage by 4 not by the shift pattern cycle of 3( or any other number - 5, 6, 9, 12, 13, 26 or 52)

This means because she gets paid every 4 weeks she is getting penalised?

She earns £4882.28 a year (weekly average £93.89)

Thanks,

ScottB.
Write to them pointing out her annual net wage, and ask for a paper copy of the rules they are using to base their decision on. I'm not sure that they are being reasonable when the pattern is so different over a full three months and it could be appealable.

You really do need to seek advice - the helpline here would be a good start.
Thanks Charles,

We have already explained the annual net wage (more than once but they are not interested)

So tomorrow I'll phone the help line,
Vist the Citizens Advice Bureau and
the local Library (been told they have copies of the law used),

Thanks,

ScottB
My wife has been advised to appeal under Regulation 8 - 3(b)

Regulation 8 (calculation of weekly amount of earnings) provides, as relevant:
“(1) For the purposes of regulation 6…, subject to paragraphs (2) to (4), where the period in respect of which a payment [including a part of a payment] is made –
(a) does not exceed a week, the weekly amount shall be the amount of that payment;
(b) exceeds a week, the weekly amount shall be determined –
(i) in a case where that period is a month, by multiplying the amount of that payment by 12 and dividing the product by 52;
(ii) in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
(iii) in a case where that period is a year, by dividing the amount of the payment by 52;
(iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.
(2) Where a payment [including a part of a payment] of earnings from a particular source is or has been paid regularly and that payment [or part of a payment] falls to be taken into account in the same benefit week as a payment [or a part of a payment] of the same kind and from the same source, the amount of those earnings to be taken into account shall not exceed the weekly amount determined under paragraph (1)(a) or (b), as the case may be, of the payment which under regulation 7 … is treated as paid first.
(3) Where the amount of the claimant’s net earnings fluctuates and has changed more than once, or a claimant’s regular pattern of work is such that she does not work every week, the application of the forgoing paragraphs may be modified so that the weekly amount of her earnings is determined by reference to her average weekly earnings – …
(b) in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant’s average weekly earnings to be determined more accurately.

ScottB.