NIM41340 | Home Responsibilities Protection: what is HRP and who qualifies for it: as a full-time carer

Regulation 2(3)(a) and (b), the Social Security Pensions (Home Responsibilities) Regulations 1994 (SI 1994/704) (the 1994 regulations)

Section 44A (2) (c) (ii) of the Social Security Contributions and Benefits Act (SSCBA) 1992

A full-time carer qualifies for Home Responsibilities Protection (HRP) for any tax year(s) from 6 April 1978 to 5 April 2010 in which they were regularly engaged, for at least 35 hours a week, in caring for someone in respect of whom certain prescribed benefits were payable. Those benefits must have been payable to that person for at least 48 weeks in the relevant tax year. The benefits prescribed by the regulations are as follows:

• Attendance Allowance,

• Disability Living Allowance care component at the middle or highest rate, or

• Constant Attendance Allowance under any Service Pensions Instrument, Personal Injuries Scheme or 1914-1918 War Injuries Scheme

• disablement pension where there is an increase for constant attendance

• any benefit increased under a Pneumoconiosis and Byssinosis Benefit Scheme or under Regulations under paragraph 7(2) of schedule 8 to the SSCBA 1992 [Industrial injuries and diseases (Old Cases)]

To claim HRP, these full-time carers have to complete form CF411 and provide evidence of their entitlement. Applications for HRP for any tax year from 6 April 2002 to 5 April 2010 had to be made within 3 years immediately following the end of the tax year in which entitlement arose. Time limits do not apply to earlier tax years. For time limits, see NIM41350.

The HRP awarded to these full-time carers could count towards their Additional (State Second) Pension. (Section 44A(2)(c)(ii) of the SSCBA 1992 refers.)

A person who fulfilled the requirements for Carer’s Allowance may be entitled to National Insurance credits each week and if so would not require HRP.