Carer’s Allowance for school worker

Client works 33 weeks per year and earns just over £100 net for the weeks she works, but nothing when not working.  The regs and CPAG say that earnings can be averaged over a recognised cycle of work, giving the example of someone who works 3 weeks and then has a week off.  Is there an argument that this client’s earnings should be averaged over the year, or can she only claim CA for weeks when earnings have not exceeded £100 in the previous week?  If she is paid monthly and works only part of a month, can her earnings be averaged over that month?

Any help would be appreciated.

I am not aware of any case law to support this theory but… as your client is a term time worker could you argue that her cycle of work is annual (as dealt with by tax credits), also most educational establishments’ employment contracts deal with employees on an annual basis averaging out holiday pay etc.
I would have a look at Reg 8(3) Social Security Benefit (Computation of Earnings) Regs 1996, your client’s employment contract and the tax credit rules to see if this argument is a go-er.

You will also need to overcome the issue that Cl has to be providing 35 hours of care p/w to qualify for CA and should factor in an argument about how she is able to accomplish this during her working week.

Chaos

Thanks for that.  Reg 8 does not mention this scenario specifically.  In my client’s case her pay is not averaged over the year; it stops in the holidays.  The issue of caring 35 hours a week is not an issue as she is a teacher and earns over £100 net for only 4 hours’ work a week.  I am prepared to make the argument, but would like to be able to quote some case law.

You might want to have a look at Reg 8 of the SS(ICA)Regs as well. That talks about earnings in the ‘immediately preceeding week’ which may add another dimension to the calculation of an average. The commentary in this years Bonner et al is very helpful (see 4.110)