Overlapping Benefit Rule

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The overlapping benefit rule means that you can't be paid Carers Allowance if you receive certain other benefits.

If you receive one of the following benefits then you normally can’t be paid Carer’s Allowance due to the overlapping benefit rules:

  • State Pension
  • Contribution-based Employment and Support Allowance
  • Incapacity Benefit
  • Maternity Allowance
  • Bereavement or widow’s benefits
  • Severe Disablement Allowance
  • Contribution-based Jobseeker’s Allowance

You won’t be able to be paid Carers Allowance if you receive more than the amount of Carers Allowance from one of the above benefits however you can still make a claim which will give you an ‘underlying entitlement’ to the benefit. If any of the above benefits are paid at a lesser amount than Carers Allowance then you could receive a top up of Carers Allowance.

To claim an ‘underlying entitlement’ to Carers Allowance you still have to meet all the qualifying conditions and make a claim.

By having an ‘underlying entitlement’ to Carers Allowance you can increase the amount you receive on other means-tested benefits or give you entitlement to a means tested benefit though a carers premium, carers addition or carers element which can be added to your benefit calculation.