Quick answer: Part iii MFPA applications after overseas divorce barristers london are used to seek financial relief after a foreign divorce where provision was inadequate. Success hinges on substantial connection, fairness, and prompt action.

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Balancing self-employment with caring responsibilities is a reality for many in England and Wales. If you’re self-employed and provide regular care for someone, you might be wondering whether you can claim Carer’s Allowance, and what hurdles you might face. The rules can feel confusing, but with a clear understanding, you can avoid common mistakes and make the most of the support available.

Who Can Claim Carer’s Allowance?

Carer’s Allowance is a benefit for people who spend at least 35 hours a week caring for someone who receives a qualifying disability benefit, such as Personal Independence Payment (PIP), Disability Living Allowance (DLA), or Attendance Allowance. You must be aged 16 or over and not in full-time education.

If you’re self-employed, you can still claim Carer’s Allowance, but there are extra tests to meet. The most important is the earnings limit. You must earn no more than a set amount per week after allowable expenses. This is checked after tax, National Insurance, and certain business costs are deducted. For example, if you run a small gardening business and your weekly profit after expenses is below the threshold, you may qualify.

Key Tests for Self-Employed Carers

• Substantial connection: You must have a strong link to England or Wales. This usually means you’re domiciled (your permanent home is here), habitually resident, or have property in the country. If you’ve recently moved back from abroad, you’ll need to show your life is now based in the UK.

• Earnings test: Your net earnings must not exceed the weekly limit. For self-employed people, this means keeping clear records of income and expenses. HMRC guidance on allowable expenses is useful—think travel costs, equipment, and business premises.

• Care test: You must provide at least 35 hours of care each week. This can include help with washing, dressing, cooking, or keeping someone safe.

Pitfalls to Watch Out For

Many self-employed carers run into trouble because they don’t keep good records or misunderstand the rules. Here are some common pitfalls:

• Not deducting all allowable expenses: If you forget to claim for business costs, your earnings may look higher than they really are. For example, if you work from home, you can deduct a portion of your utility bills.
  
  

• Irregular income: Self-employment often means fluctuating earnings. Carer’s Allowance is assessed weekly, so a big payment one week could push you over the limit, even if your average income is much lower. If your income varies, keep detailed records and notify the DWP of any changes.
  
  

• Assuming you can “top up” with other benefits: Carer’s Allowance can affect other benefits, such as Universal Credit or Pension Credit. It’s important to check how your claim will interact with your overall finances.
  
  

• Delay in applying: If you wait too long after starting your caring role, you may miss out on payments. Claims can be backdated for up to three months, but only if you meet all the conditions during that time.

A Real-Life Example

Let’s look at Maya, who returned to London after a short period living overseas. She’s self-employed as a freelance designer and cares for her mother, who receives PIP. Maya’s earnings vary, but after deducting business expenses, her weekly profit is below the Carer’s Allowance threshold. She has a clear connection to England—her home, business, and family are all here.

Maya applies for Carer’s Allowance, providing evidence of her earnings and her caring hours. The DWP reviews her claim and grants her the allowance. However, Maya’s mother’s health improves, and Maya’s caring hours drop below 35 per week. Maya promptly informs the DWP, avoiding any overpayment issues.

How to Strengthen Your Claim

If you’re self-employed and want to claim Carer’s Allowance, preparation is key:

• Keep detailed records: Track your income, expenses, and caring hours. Use a diary or spreadsheet to log your activities.

• Understand allowable expenses: Review HMRC guidance and claim for all legitimate business costs.

• Notify changes promptly: If your earnings or caring hours change, tell the DWP straight away.

• Check your benefit interactions: If you receive other benefits, use an online calculator or speak to a benefits adviser to see how Carer’s Allowance will affect your overall entitlement.

Discretionary Relief and Overseas Connections

Sometimes, people return to the UK after a divorce or separation abroad and need extra financial support. The court can grant discretionary relief if there’s a substantial connection to England or Wales, and if the foreign award doesn’t meet your needs. Timing is important—delays after a foreign decree can weaken your case. The court will look at all circumstances, including conduct and assets, and usually aims to “top up” rather than duplicate the foreign award.

For example, after a short overseas divorce settlement, Maya applied under Part III of the Matrimonial and Family Proceedings Act, citing her London residence and UK property. The court granted a lump-sum top-up to meet her housing needs, recognising her strong connection to England.

Final Thoughts

Claiming Carer’s Allowance as a self-employed person is possible, but it requires careful record-keeping and a clear understanding of the rules. Make sure you meet the earnings and care tests, and keep evidence of your connection to England or Wales. If you’ve returned from abroad, act quickly and gather all relevant documents.

Avoid common pitfalls by staying organised and communicating with the DWP. With the right approach, you can secure the support you need while balancing your work and caring responsibilities.

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