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carers element backdated due to 24 week wait on decision
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jude2015
Community member Posts: 4 Listener
Hi guys I’m new here so pleased to meet you.
I’ve a question that I hope some one can help me with.
My Sons DLA has taken 24 weeks instead of the original 12 to make a decision due to the massive back log. He has now been awarded Mid Rate which now qualifies me to be recognized as his carer.
He’s had 24 weeks backdated for his DLA but I have not heard about any back date for the carers element for myself?
Do I lose 24 weeks? Or do I need to some how make a claim ? In advance thank you for your help.
Comments
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The carer element can be backdated to the assessment period in which the DLA start date falls.
If you haven’t done so already you need to use your UC journal to report a change in your caring responsibilities and provide details of the DLA award.You also need to report the DLA award for your son and you will be entitled to the lower rate of disabled child element. I can’t remember whether this is done as a change under the children category - hopefully someone else can confirm this later.Note - you cannot receive the carer element if you receive the LCWRA element for yourself.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Right ok , yes I was awarded carers this month but I wasn’t sure if the other 20 weeks was just forgotten about as I wasn’t receiving LCW/ LCWAR etc as I work as a self employed cleaner and extra care for my little boys needs.Thank you I’ll maybe give them a month to see if I receive back dated carers and if not let them know I think it’s been forgotten about.
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You could post a payment query in the UC journal asking about the backdating. If they say you’re not entitled to it challenge it.
You have you also got the disabled child element ?Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Yes they’ve added the child’s disability element and the carers since he was awarded the Mid Rate care rate and low mobility. It’s just that I wasn’t recognized as his carer unless he was awarded the Mid rate .. that took 24 weeks. The child DLA has been backdated and paid separately within days! but I do think the carers element has been missed.Or ignored… I’ll make a note on my journal as you advised and see what they say.
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They may say they can’t back date it because you didn’t previously tell them you were a carer. If that happens, ask for a Mandatory Reconsideration of the decision not to backdate. They are then likely to say there are ‘special circumstances’ for you not telling them sooner and they will then backdate it.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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Ok I will do. Hopefully it will get resolved.Thank you for all your help wishing you a Happy New Year.
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