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Carer element without effecting the status of TSDPE
Hi all
Apologies if it has been asked elsewhere, but I’m getting confused with a UC element change.
MAC, both get PIP enh, Naturally migrated last year and received TP for the 2 SDP’s.
He is the working age person and is subject to some conditionality – his wife has LCWRA
He could state he is a carer to receive the carer element without claiming CA but will this effect the status of TSDPE?
My thought is the element would eat in to the TP but remove him from conditionality, but (hopefully) not takeaway the SDP ent.
Or am I woefully wrong on this thought?
Many thanks
In advance
HI Carlo
You’re right - the carer element will eat into his TE but it won’t remove it completely - once it’s a transitional element then it gets treated as such (SDP qualifying conditions no longer apply) - see schedule 2 para 6 of the UC (TP) regs - https://www.legislation.gov.uk/uksi/2014/1230/schedule/2
That’s really helpful, thanks Daphne