# The Employment and Support Allowance Regulations 2008, Paragraph 8: Carer premium


(1) Subject to sub-paragraphs (2) , (4) and (5), the condition is that the claimant or the claimant's partner is, or both of them are, entitled to a carer's allowance under section 70 of the Contributions and Benefits Act or carer support payment.
(2) Subject to sub-paragraph (5), where a carer premium is awarded but—
(a) the person in respect of whose care the carer's allowance or carer support payment has been awarded dies; or
(b) in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer's allowance or carer support payment,
the condition for the award of the premium is to be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).
(3) The relevant date for the purposes of sub-paragraph (2) is—
(a) where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer's allowance or carer support payment has been awarded or the date of death if the death occurred on a Sunday; or
(b) in any other case, the date on which the person who has been entitled to a carer's allowance or carer support payment ceases to be entitled to that allowance or payment.
(4) Subject to sub-paragraph (5), where a person who has been entitled to a carer's allowance or carer support payment ceases to be entitled to that allowance or payment and makes a claim for an income-related allowance, the condition for the award of the carer premium is to be treated as satisfied for a period of 8 weeks from the date on which—
(a) the person in respect of whose care the carer's allowance or carer support payment has been awarded dies; or
(b) in any other case, the person who has been entitled to a carer's allowance or carer support payment ceased to be entitled to that allowance or payment.
(5) For the purposes of sub-paragraphs (2)(a) and (4)(a), where the relevant premium has been awarded as a result of the claimant or the claimant’s partner being entitled to carer support payment, and the death occurred on or after 15th March 2026, the references to “8 weeks” are to be read as “12 weeks”.

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Source: https://www.legislation.gov.uk/uksi/2008/794/schedule/4/paragraph/8 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-4/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.