Carer's Allowance Refused? Here's How to Appeal

Carer’s Allowance (CA) is a vital benefit for many people in England and Wales who provide regular care for someone with a disability or health condition. However, it’s not uncommon for applications to be refused, often due to technicalities or misunderstandings about the rules. If you’ve received a refusal, don’t panic—there are clear steps you can take to challenge the decision and improve your chances of success.

The most important thing is to understand the eligibility criteria and gather evidence to show you meet them. If you believe the decision is wrong, you must first ask for a Mandatory Reconsideration (MR) within one month of the decision letter. If the Department for Work and Pensions (DWP) still refuses your claim, you can then appeal to an independent tribunal. Let’s break down the main reasons for refusals and how to address them.

The Top 5 Reasons Carer's Allowance Is Rejected

1. Earnings Over the Weekly Limit
   Carer’s Allowance has a strict earnings cap, which is currently around £151 per week after certain deductions. Even a single week where your earnings go over this limit can result in a refusal or overpayment. It’s not just your gross pay that counts—what matters is your net earnings after allowable deductions.

2. Not Caring for at Least 35 Hours a Week
   You must provide at least 35 hours of care each week. This includes hands-on help, supervision for safety, prompting with medication, and support with daily living tasks. However, time spent travelling to do shopping or running errands usually doesn’t count unless the person you care for is with you.
   
   

3. No Qualifying Benefit for the Cared-For Person
   The person you care for must be receiving a qualifying disability benefit, such as the Daily Living component of Personal Independence Payment (PIP), the middle or highest rate of Disability Living Allowance (DLA) care component, or Attendance Allowance. If their benefit stops or is suspended, your Carer’s Allowance will also be affected.
   
   

4. Overlapping Benefit Rules
   If you receive certain other benefits, such as State Pension, you may not be paid Carer’s Allowance due to overlapping benefit rules. However, you may still have an “underlying entitlement,” which can increase your means-tested benefits through a carer premium or addition.
   
   

5. Residency and Presence Rules
   You must usually be habitually resident in Great Britain and meet past presence requirements. This means you need to have lived in the UK for a certain period before claiming.

The Earnings Trap: How to Correctly Calculate Your Weekly Earnings

Many refusals happen because of confusion over how earnings are calculated. The DWP looks at your net earnings, not your gross pay. To work out your weekly earnings for Carer’s Allowance:

• Start with your gross pay for the week.

• Deduct income tax and National Insurance actually paid that week.

• Deduct half of any pension contributions you make.

• Deduct certain work expenses that are wholly, exclusively, and necessarily incurred for your job (keep receipts for these).

• If you’re paid monthly, convert your pay to a weekly figure by multiplying by 12 and dividing by 52. If your pay varies, you may be able to average it over a period—explain any spikes, such as holiday pay, to the DWP.

It’s a good idea to keep all your payslips and a simple spreadsheet showing your calculations. This will make it much easier to challenge a decision if the DWP gets it wrong.

Appealing an “Overlapping Benefit” Decision

If you receive a State Pension or certain other benefits, you may not get a Carer’s Allowance payment because of overlapping benefit rules. However, you may still have an “underlying entitlement,” which can increase your means-tested benefits. When challenging a decision, ask the DWP to confirm whether the overlapping rules were applied correctly and whether you have been awarded underlying entitlement, including any backdating.

Proving You Care for 35+ Hours a Week

The DWP may question whether you provide enough care. To show you meet the 35-hour rule, keep a detailed weekly log of your caring activities. Include all the tasks you do, such as prompting medication, preparing meals, helping with personal care, supervising for safety, and any night-time checks. Note the start and finish times for each task, and add up the total hours each week.

Here’s a simple template you can use:

Weekly Caring Log Template

Week commencing:
Person cared for:

Mon–Sun entries:

• Task (e.g., medication prompting, meal prep, personal care, supervision during bathing)

• Start/finish times

• Total minutes/hours

• Notes (risks, incidents, night-time checks)

Total hours this week: ____ (must be at least 35)

Also keep any supporting evidence, such as care plans, appointment letters, messages about care arrangements, and statements from other family members.

How to Appeal

If your claim is refused, you have the right to challenge the decision. The first step is to request a Mandatory Reconsideration (MR) within one month of the decision letter. In your MR request, ask for a written explanation of how your earnings, hours of care, and any overlapping benefit rules were assessed. Provide your own calculations, payslips, receipts, and your weekly caring log. If the MR is unsuccessful, you can appeal to a tribunal within one month of the MR notice. Focus your appeal on the specific criteria in dispute and provide all your evidence.

MR Letter Outline (Carer’s Allowance)

Your Name
Address
NI Number
Date

To: Carer’s Allowance Unit – Mandatory Reconsideration

I request a Mandatory Reconsideration of the decision dated [date].

Earnings: After deductions for tax (£), NI (£), and half pension contributions (£), my weekly earnings are £, which is below the limit of £__ for the relevant year. I enclose payslips and calculations.

35 hours care: I provide [__] hours per week. See attached weekly logs with times and tasks, including supervision and night-time checks.

Qualifying benefit: [Name] receives [PIP Daily Living/Attendance Allowance/etc.]. Evidence enclosed.

Overlapping benefits: Please confirm whether overlapping rules were applied correctly and whether underlying entitlement has been awarded.

Residency/presence: I meet the conditions; details enclosed.

Please reconsider and award Carer’s Allowance (or confirm underlying entitlement) from [start date].

Yours faithfully,
[Signature]

Final Checks Before You Submit

Before sending your MR or appeal, make sure you have:

• Documented your weekly earnings calculation and included supporting evidence.

• Kept detailed logs showing at least 35 hours of care with specific tasks.

• Confirmed the cared-for person’s qualifying benefit.

• Addressed overlapping benefit rules and underlying entitlement.

• Included evidence of residency and presence.

• Met all deadlines and saved copies of everything you send.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.