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High Court rules benefit cap for carers is unlawful

jimbo 111

Registered User
Jan 23, 2009
North Bucks
Iain Duncan Smith suffers major defeat as High Court rules benefit cap for carers is unlawful
Judge rules that the Work and Pensions Secretary had discriminated on the grounds of disability against unpaid carers who look after severely disabled people for more than 35 hours a week

There was unchallenged evidence that unpaid carers "made a huge contribution to society" by saving the "staggering sum" of £119 billion each year which would otherwise require public funds.
But there was evidence that, because of the hardship produced by the cap, "carers have had to cease caring".


Alison N

Registered User
Jan 3, 2015
Whilst I applaud this, it doesn't go far enough. As most of you know, carers allowance cannot be claimed if you are also in receipt of a government pension as they are both classed as benefits and they cannot overlap. Unless of course you have no other income and then it is means tested. Why is it because I now draw my government pension the government thinks that as I am a pensioner I no longer care for my husband so am not entitled to carers allowance. I cannot see the logic. My husband still need care and I still care for him.

Whilst on the subject of benefits, why is my pension classed as a benefit when I have paid into the system for 49 years? I thought all the NI contributions paid all my working life was to build up a pension in my old age. Silly me.

Rant over.

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