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My child was awarded DLA. Will I receive arrears from having a benefits cap in place?

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Ashlee2023
Ashlee2023 Community member Posts: 1 Listener
edited March 2023 in PIP, DLA, and AA
Hello! My daughter was awarded DLA last year October and had the payments by DWP backdated and I had my UC disabled element backdated also. However, I have been made aware that if a child is in receipt of DLA that the benefit cap does not apply to us. I have queried this with my case worker as I have had a benefit cap in place since last year July and was just wondering if they will reinburse/backdate the difference as I have had the benefit cap in place the whole time from July to now?!? Any help/advice greatly appreciated, especially if you have experienced this issue. 

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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited March 2023
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    They should recalculate your UC without benefit cap from when the DLA starts.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,740 Disability Gamechanger
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    Hello @Ashlee2023 and welcome to our online community, I'm glad you found us and asked this question. 

    I hope Calcotti's response has clarified the situation, however if you have any more questions please give us a shout.

    In the meantime, I've moved your thread to our PIP, DLA and AA category and changed the title to reflect your question. Wishing you and your family all the best.
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited March 2023
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    It would be worth you putting a message about recalculating UC without the benefit benefit cap from the date DLA award started from. Put the query onto your UC journal as a payments query.

    When was the DLA award decision made and when does the award start from? Have you reported the DLA award to UC and are you now getting the disabled child element added to the UC. That should also be backdated to when the DLA started. Unless you are getting LCWRA you can get the carer element for caring after her, again backdated to when the DLA started.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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