Carer element

The rules for the carer element are set out in the Universal Credit Regulations 2013 (SI.No.376/2013).

NB: See below for equivalent legislation in Northern Ireland.

Carer element

Regulation 29 of SI.No.376/2013

Sets out the criteria for when a carer element can be included in an award, and the conditions where it is not payable.

Regular and substantial caring responsibilities

Regulation 30 of SI.No.376/2013

Sets out what qualifies as ‘regular and substantial caring responsibilities’.

Death of cared for person

Regulation 37 of SI.No.376/2013

Provides for payment of the carer element for a period after the death of the cared for person.

In Northern Ireland, SR.No.216/2016 makes provisions that are largely equivalent to that in Great Britain.

Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.

Advice for Decision Making

Chapter F6

Provides further guidance on the conditions for award of a carer element, when the carer element can not be paid, what happens where there are two carers for the same person, and the requirements for ‘regular and substantial’ care.

DWP guidance from parliament.uk

Carers

​Sets out guidance on when the carer element is or is not payable, what happens during breaks in caring, or when the person being cared for dies.

Case law​ provides further interpretation of the legislation and establishes legal precedent.

We’re not aware of any case law relating to this issue.