2. Who is eligible

2. Who is eligible

You are eligible if you are a part-time student (see below) and you satisfy the basic rules on here. You are not eligible if you are in full-time education.

Full-time education

You are in full-time education if an overall consideration of your course requirements and your performance against these suggests this. If you are on a full-time course of education, you are normally taken to be in full-time education for the purpose of carer’s allowance (CA).1SSWP v Deane [2010] EWCA Civ 699 If you think that, given your circumstances, you are not in full-time education, you may be able to argue that you are a part-time student.2CG/1154/2010

You are also treated as being in full-time education if you ‘attend a course’ (see below) at a university, college or other educational establishment for 21 hours or more a week, even if that course is designated as part-time by the institution.3Reg 5 SS(ICA) Regs These 21 hours include not just classes, lectures and seminars, but also individual study for course work. Meal breaks and unsupervised study are ignored. However, you are regarded as studying under supervision if you are doing course work, whether at home or at college, alone or in the presence of a supervisor.4Flemming v SSWP [2002] EWCA Civ 641; Wright-Turner v Department for Social Development [2002] NICA 2 Unsupervised study is work beyond the requirements of the course.

If your college or university says that it expects students to spend 21 hours or more a week in supervised study and classes, the DWP usually assumes that you are in full-time education.

In practice, if you want to show that you spend fewer hours on course work than the college or university expects, you need to provide detailed evidence and be prepared to appeal. If your particular circumstances mean that you are not expected to satisfy the normal requirements of the course (eg, because you are exempt from certain subjects), you may be able to argue that your hours of study are fewer than those expected of other students on the course.5CG/3189/2004

 

1     SSWP v Deane [2010] EWCA Civ 699 »

2     CG/1154/2010 »

3     Reg 5 SS(ICA) Regs »

4     Flemming v SSWP [2002] EWCA Civ 641; Wright-Turner v Department for Social Development [2002] NICA 2 »

5     CG/3189/2004 »

Time out from a course

‘Attending’ a course means being enrolled on and pursuing a course.1Flemming v SSWP [2002] EWCA Civ 641 You are treated as still being in full-time education during short and long vacations, and until the course ends or you abandon it or are dismissed from it. You are still regarded as being in full-time education during temporary interruptions.2Reg 5(3) SS(ICA) Regs If you have taken time out to care for someone and the interruption is not temporary (eg, if you have agreed with your institution to take a whole year out of your course), you may be able to claim CA.3SM v SSWP [2016] UKUT 406 (AAC); Memo DMG 2/17

 

1     Flemming v SSWP [2002] EWCA Civ 641 »

2     Reg 5(3) SS(ICA) Regs »

3     SM v SSWP [2016] UKUT 406 (AAC); Memo DMG 2/17  »

Basic rules

As well as being a student who is eligible to claim, to qualify for CA you must satisfy all of the following conditions.1s70 SSCBA 1992

•You are aged 16 or over.
•You spend at least 35 hours a week caring for someone.
•The person for whom you care gets the middle or highest rate of disability living allowance care component, the daily living component of personal independence payment, attendance allowance, constant attendance allowance (in certain cases) or armed forces independence payment.
•You are not working and earning more than £128 a week.
•You satisfy certain rules on residence and presence in the UK and are not a ‘person subject to immigration control’.

See CPAG’s Welfare Benefits and Tax Credits Handbook for details.

 

1     s70 SSCBA 1992 »