In the High Court yesterday a senior judge determined that Iain Duncan Smith had discriminated against two disabled people by applying the benefits cap to their carers.
The judge who ruled that this was discriminatory when applied to carers doing 35 hours or more of care every week said: “To describe a household where care was being provided for at least 35 hours a week as ‘workless’ was somewhat offensive. To care for a seriously disabled person is difficult and burdensome and could properly be regarded as work.”
This got me thinking.
Could this judgement be used, legally, as justification for Carer’s Allowance needing to be raised to the same amount as someone would be paid as a minimum wage for a 35 hour week instead of the paltry amount it is at present? If, legally, a family carer is in ‘paid’ employment then surely the law states that they should be paid at at least the minimum wage for the work they do. And, if the pay that the family carer is receiving is their Welfare Benefit payment, namely, their Carers’ Allowance, then doesn’t that pay have to be at the same minimum wage rate that an agency or Social Services carer would receive for the same work? I am unable to see an reason why this should not be the case. I believe Iain Duncan Smith is on very shaky ground trying to say that a family carer’s work is of less value than that of a paid carer.
Source: Raise the rate | Poppy’s Place
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