Advice please - is this legal

[cake4tea]

my mom receives the attendance allowance and I receive the carers allowance as I am her fulltime carer. Can someone tell me if it is legal for mom to pay my sister her carers allowance if she were to help in her care along with me.

We do not yet have an LPA

 

[marionq]

Your Mum can spend her Attendance Allowance any way she likes. She can buy in more care which is what she would be doing if she paid your sister. I take it you are the official carer paid the official rate? Providing your sister provides what she is paid for I don't see a problem.

 

[nitram]

OK as far as DWP and AA are concerned.

It has to be a gratuitous payment as far as HMRC are concerned,
Regarding the amount CA is £64.60, AA is either £57.30 or £85.60 so the AA can be regarded as as suitable gratuitous payment. especially at the lower rate.

If sister become a attorney or deputy the COP has rules on 'gratuitous care payments'