An unpaid carer from Surrey is set to challenge an “unfair and illogical” demand to repay £4,600 in carer’s allowance overpayments in court, despite having been told by welfare officials five years ago that she was following the correct procedures.
Andrea Tucker, who cared for her mother full-time for 15 years while working part-time in a charity shop, has expressed her determination to seek justice after being issued the penalty. The 57-year-old has described the stress of facing a tribunal as “draining” but said she would not give up. “At first, I was upset, then angry, and finally it just wore me down. But just like with the Post Office scandal, it’s the little people who have to stand up,” Tucker said.
Her case sheds light on the controversial practice of “averaging” earnings, which can penalize carers for exceeding weekly earnings limits, even if their average earnings over a month or year are within the allowed threshold. This practice was common in the past to help carers with irregular incomes retain their allowance. However, in March 2020, new guidelines were introduced that drastically restricted when averaging could be used, leading many carers to inadvertently breach earnings limits due to factors like one-off Covid payments or holiday pay.
Tucker’s plight has caught the attention of local MP Ed Davey, leader of the Liberal Democrats, who raised the matter during Prime Minister’s Questions. Prime Minister Keir Starmer has promised to investigate the issue further.
Davey, who is also an unpaid carer for his teenage son, has called on the government to cancel Tucker’s debts and halt all carer’s allowance overpayment demands until an independent review of the benefit, due in the summer, is complete.
“The way the DWP has treated Andrea and many other carers is infuriating. The government needs to address this issue urgently and rectify the situation for carers,” Davey said.
Tucker’s case highlights the wider issue of unpaid carers being unfairly burdened with debt due to complex and rigid rules. Since 2019, over 600 carers have been prosecuted for fraud, and more than 134,500 carers are currently repaying a combined £251 million in overpayments. Under the strict “cliff-edge” earnings rules, carers who exceed the £151-a-week earnings limit by even a small amount can face repayment demands amounting to thousands of pounds.
Tucker, who worked part-time in a charity shop while caring for her mother, reached out to the Department for Work and Pensions (DWP) in July 2019 to inform them that she was taking on irregular part-time work. She was assured that, as long as her total earnings averaged below the threshold over a 12-month period, she would not be penalized.
However, when the DWP changed its policy in March 2020, it effectively outlawed the very 12-month averaging system Tucker had been following. She was not informed of this change, which led to her accumulating £4,600 in overpayments before receiving a repayment demand last year.
Tucker is now preparing to present detailed figures at her tribunal, demonstrating that her annual earnings never exceeded the carer’s allowance limit. Despite this, the DWP flagged 16 instances between 2019 and 2024 where it claimed she had breached the earnings limit, without informing her of the breaches at the time.
Davey has expressed outrage over the treatment Tucker has received. “It is nonsensical and completely unfair. If the DWP had followed the old guidelines, Andrea should never have been asked to repay anything,” he said.
In response, a DWP spokesperson acknowledged the difficulties faced by carers, stating that the government is conducting an independent review into carer’s allowance to explore the causes of overpayments and determine how they can be reduced in the future. The spokesperson emphasized the importance of taking the time to review the circumstances and make necessary changes to prevent further issues.
Tucker’s fight for justice continues, as she pushes back against a system she believes is not only flawed but punishes those who are already making significant sacrifices to care for their loved ones.
Stay tuned to London Pulse News for further updates on Tucker’s legal battle and the ongoing scrutiny of the carer’s allowance system.
