Benefits Appeal

Appeal a Carer's Allowance Refusal

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Your Carer's Allowance claim was refused. You believe you meet the criteria. You have the right to request Mandatory Reconsideration and appeal to tribunal. Learn the eligibility rules, common reasons for refusal, and how to build a winning case.

Quick Answer

Carer's Allowance (c. £76/week) is for people who care for someone for at least 35 hours per week. Common refusal reasons: the care receiver doesn't get qualifying benefits, you earn over the threshold, or the DWP thinks you don't do enough care. Request Mandatory Reconsideration within one month with evidence showing you do care 35+ hours/week. Include statements from the care receiver's GP, disability assessments, and detailed care diary.

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Who Qualifies for Carer's Allowance

Carer's Allowance is for people who care for someone for at least 35 hours per week. The person you care for must be getting qualifying benefits (PIP daily living component, DLA care component, or certain other benefits). You must be 16-State Pension age. You cannot earn over £128/week (April 2026). The care must be continuous and substantial.

The Three Main Criteria

  1. Care receiver gets qualifying benefit (PIP, DLA care, or similar).
  2. You provide care for at least 35 hours per week.
  3. You earn less than £128/week (disregarded earnings differ).

Why Claims Are Refused

Care Receiver Does Not Get Qualifying Benefit

The DWP checked and found the person you care for does not get PIP, DLA care, or qualifying attendance allowance. If this is wrong (they should be claiming), encourage them to claim that benefit first.

Insufficient Care Hours

The DWP thinks you care for less than 35 hours per week. You must show a detailed record of care (medical appointments, personal care, supervision, household tasks specifically for the disabled person).

You Earn Too Much

If you work and earn over £128/week, you are not eligible. Some earnings are disregarded (certain caring professions). Check if your earnings qualify for disregard.

Your Legal Rights

Social Security Contributions and Benefits Act 1992

Sets out Carer's Allowance eligibility. The care must be substantial and continuous. The assessment is based on what you do, not formal status.

Carer's Allowance Regulations

Specifies 35 hours per week, the disregarded earnings level, and qualifying benefits. These rules are strict but can be challenged if misapplied.

Step-by-Step: How to Appeal

  1. Get the refusal letter: The DWP should have sent a written decision explaining why. If not clear, request a detailed statement of reasons within three months.
  2. Check eligibility: Verify: (1) care receiver gets qualifying benefit (check their current award letter); (2) you do 35+ hours care per week (document this); (3) your earnings are under £128 (provide payslips).
  3. Gather evidence: Medical reports on care receiver's condition, hospital discharge summaries, GP letters confirming ongoing health needs, detailed care diary (dates, times, tasks), statements from the care receiver and family confirming hours, disability assessment reports.
  4. Request Mandatory Reconsideration: Within one month of refusal, write to DWP explaining why the decision is wrong and include evidence. Use clear language and number your evidence.
  5. If refused, appeal to tribunal: Appeal First-tier Tribunal within one month of the second decision. The tribunal can overturn the refusal if it agrees you meet the criteria.

Building Your Evidence Case

Care Diary

Document two weeks of typical care (not exceptional weeks). For each day, list: personal care (washing, dressing, toileting), medical care (medications, injections, wound care), supervision (risk of falls, seizures, self-harm), appointments (medical, hospital), household tasks done specifically for the care receiver. Show this totals 35+ hours.

Professional Evidence

Letter from GP, specialist, or social worker confirming the care receiver's health condition and why care is needed. This supports why 35+ hours is reasonable and necessary.

Tribunal Appeal

If Mandatory Reconsideration fails, appeal to First-tier Tribunal (Social Entitlement Chamber) within one month. Tribunal can overturn the DWP decision if it agrees you meet the criteria. You can represent yourself or ask a free advice organisation for help.

Do You Need Help?

BenefitsFight can help you draft the Mandatory Reconsideration request and build your evidence case. For tribunal, free representation is available from Carers UK, Citizens Advice, or local welfare rights.

What the Law Says

Legislation
Social Security Contributions and Benefits Act 1992
Sets out Carer's Allowance. The person must provide substantial and continuous care for 35+ hours per week.
Regulation
Carer's Allowance Regulations
Specifies qualifying benefits, the 35-hour threshold, disregarded earnings (£128/week), and age limits.
Procedure
Social Security Act 1998
Creates your right to Mandatory Reconsideration and First-tier Tribunal appeal. One month to request reconsideration, one month to appeal tribunal.
Standard
Tribunal Case Law
Tribunal looks at what the carer actually does, not job title. Comprehensive care diary can establish 35+ hours even without formal assessment.

Frequently Asked Questions

What counts as 35 hours of care per week? +
Personal care (washing, dressing, toileting), medical care (medications, treatments), supervision (watching for seizures, falls, self-harm), appointments (medical, hospital), cooking/eating (if disabled person needs support), household tasks done for the disabled person. Document with a detailed diary showing actual times.
Can I work and get Carer's Allowance? +
Yes, if you earn under £128/week. Some earnings are fully disregarded (certain caring professions, self-employed earnings up to a limit). Check if your work qualifies. If it does, you can work and care simultaneously.
What if the person I care for has not claimed their qualifying benefit? +
Encourage them to claim PIP, DLA care, or qualifying benefit first. Once approved, your Carer's Allowance can backdate to when they got that benefit (usually up to three months). You cannot get Carer's Allowance if the care receiver has no qualifying benefit.
Do I need proof of care hours or a formal job title? +
No formal job title needed. What matters is what you actually do. A detailed care diary showing 35+ hours per week, medical evidence, and statements from the care receiver and family can establish your eligibility even without formal carer status.
Can I get backpay if my appeal succeeds? +
Yes. If you win Mandatory Reconsideration or tribunal appeal, you get backpay from the original claim date or award date (up to the time of appeal). This can be several months of payments.
Do I need a solicitor for tribunal? +
No. Many Carer's Allowance cases are won without a solicitor if you have a good care diary and medical evidence. Free representation is available from Carers UK, Citizens Advice, or local welfare rights.

Appeal Your Carer's Allowance Refusal

Use BenefitsFight to request Mandatory Reconsideration and build your evidence case with care diary template and evidence checklist.

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