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MIF & Carers element.
Hi,
UC Claimant is self employed, sole trader. Their wife has enhanced rate ADP. Carers element is applied to the claim for Claimant caring foe their wife.
MiF has been added to their statement. I was under the belief that when they have the Carers element MIF doesn’t apply.
Could anyone clarify and point me in the direction of a reliable source to quote from on their journal when raising this.
Thanks.
You are correct.
The relevant legislation is Reg. 62(1)(b) of the UC Regulations.
The guidance for this can be found at para. H4060.
In practice, I believe DWP apply this rule by removing the “gainfully self-employed” status from such claimants (although legally such claimants can technically be gainfully self-employed). See the guidance linked to below in the section headed “Claimants not required to attend a Gateway Interview”.