Eligibility
Whether you get CA depends on your age, where you live and work, and whether you care for a disabled person getting the highest or middle rate of Disability Living Allowance (DLA) care component, Attendance Allowance (AA) or Constant Attendance Allowance (CAA) (at or above the normal maximum rate with an industrial disablement benefit or basic (full day) rate with a war disablement pension). You do not have to be related to the disabled person or live at the same address. [Legislation (11)]
The following paragraphs give details on the age, where you live and work, and care conditions for claiming CA.
Your age
You must be 16 or over on the date you begin to qualify for CA.
Where you live
You must normally live in Great Britain (GB) and when you make your claim, you must [Legislation (12)]:
- be in GB, and
- have been in the United Kingdom (UK) or the Isle of Man, Jersey or Guernsey for at least 26 weeks out of the last 12 months.
Time spent living in another EEA country, may in some cases be treated as a period in GB for the purposes of the 26-week rule.
In certain other circumstances, you may be treated as living in GB even though you are not there. This applies to:
- members of HM Armed Forces serving abroad (including their spouse, civil partner, children, parents or parents-in-law, if they are with them)
- mariners and airmen working abroad
- people working on the UK sector of the continental shelf (for example on an oil rig)
- people abroad for up to 4 weeks
- people temporarily abroad to care for a disabled person, for as long as that person can continue to receive the highest or middle rate DLA care component, AA or CAA.
You will not be entitled to CA if your right to stay in the UK is subject to immigration control. [Legislation (13)]
You may be entitled if you are:
- an EEA national, or a member of the family of an EEA national,
- a national of Algeria, Morocco, San Marino, Tunisia or Turkey and lawfully working in GB or a member of the family of one of these nationals and living with them
- given refugee status
- given exceptional leave to enter or remain in the UK
- given humanitarian protection or discretionary leave to remain in the UK
- given indefinite leave to remain in the UK and subject to a formal maintenance undertaking.
Care
You must spend at least 35 hours a week caring for a disabled person who is getting either [Legislation (14)]:
- the highest or middle rate of DLA care component
- or Attendance Allowance
- or Constant Attendance Allowance at, or above, the normal maximum rate with an industrial injuries disablement benefit, or basic (full day) rate with a war disablement pension.