Will Carers Allowance be backdated after Successful Appeal?

Shecar
Shecar Community member Posts: 9 Empowering
Scenario:
  • 25+ Years higher rates with both DLA, (for life) & PIP, Enh/Enh 
  • Review Feb '24: Assessor has noted zero points due to 'going to work 4 days a week.' and No evidence of how Conditions affect her everyday life - despite all of the current and previous evidence being held/sent in.
  • I appreciate that the Decision Maker (DM) is meant to go through the paperwork and make a decision themselves, but let's face it, we don't hear of many examples of the DM going against the Assessor where points are concerned!
  • On receipt of the PA4 I telephoned the DWP and was put through to a Case Worker, she told me that as my daughter had been on higher rates for DLA, (for life at that time), and enhanced PIP for both categories, and no changes to be expected when assessed in 2017 that I should make a complaint to Capita re the report. She also assured me that the DM would look beyond the zero points and question the validity of the PA4, given my daughters history of conditions etc - but talk is cheap :neutral: It would be lovely to assume that she was right, but given the experiences of others over the past few years, I am being proactive;
That being, I am laying the groundwork for the MR: (it's been nearly 6 weeks since the PA4 was sent in to the DWP). Assessor has ignored all current and previous evidence including previous assessors report, medical evidence, evidence from the workplace - her personalised RA's etc despite listing it as considered.
(re: the Complaint to Capita, they have to the 4th April to investigate - 20 working days).

Question: If the DM agrees with the Assessor, then both her PIP and the Carers Allowance will be stopped. I will then put in the MR, should that not be successful, I will appeal. (Daughter was starved of oxygen at birth, has many documented problems including ADHD, Dyspraxia, Cognitive and Processing Disorders, all backed up with medical and Psychiatrists reports that span her lifetime so far).

Note: GP was very supportive, but commented that this was not uncommon of the Assessors being used - she mentioned that others with even more limiting conditions were also being forced to go to Appeals - which in itself is absolutely disgusting..... :neutral:

If a MR or an Appeal are successful would the Carers Allowance be backdated more than the usual 3 months that it's backdated for new claims? ie backdated to the day that the original Decision Maker stopped the PIP Claim? (however many months that would be)

I know that I could be 'jumping the gun' here, but I have to be as prepared as I can be, time goes so fast, so being proactive is a must. 

Many thanks for any help, advice or experience you have to give

x

Comments

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Yes the carers allowance would back dated to the date it stopped. 
  • Shecar
    Shecar Community member Posts: 9 Empowering
    Many thanks Poppy