Back dating carers element already been tribunal and won

tT1211

Hi. I have posted in another forum ,didnt get anything concerete so trying here.

Im new. I never thought I would be a carer, but I suppose none of us do.

I am looking after somebody who is claiming PIP and his bedbound. There is plenty of documentation regarding this and I had to stop working because I'm looking after him more than 35 hours a week. Just myself and my mom and dad here, dad is on Pip.

I had no clue about the carers element of UC and the DWP did not convey this information properly. It has been documented somewhat on my journal randomly over a period of years.

My claim started in mid 2018 for universal credit but the carers element was only informed by me to the DWP in mid 2023 so they put it on straight away.

I would say I've been doing more than 35 hours a week since Covid started so that's roughly mid 2020, but after looking into this indeed detail 35 hours a week is nothing for somebody who needs 24 hour care so I have been doing it since the start of my claim and I did not work in my universal credit claim from 2018.

Yes it's my own fault because I should've investigated properly because I would've not have to have gone to the job centre and got more money but the job centre didn't advise me correctly and I had a lot of issues going on looking after somebody that has a lot of health problems.

I requested for it to be backdated six months and they refused. The mandatory reconsideration was refused

so I took it to a tribunal at nine months later I won.

The tribunal made them backdate the carers element for six months.

Speaking to somebody in the enhanced review team, who are just randomly checking in my ID, there is absolutely no problem with that but when the lady was on the phone she was talking to me about my claim and I should speak to different people about it to see what help I can get. He is palliative.

When I read online that plenty of people have managed to get the carers element backdated for a number of years I wish to do this now

the reason I did not ask the tribunal to backdate it further as I thought that if they require some hard evidence which I have limited, but I have some, they might not backdate it at all... and just throw it out then I get zero

I was just in a panic because imagine realising you haven't been claiming the correct benefit for a number of years and you've been going into the job centre for nothing making reasons as to why you cannot actually work not knowing the general fact I was actually in shock, so I didn't want to try to backdate it any further.

I need to backdate it to the start of the claim because it's actually accurate… to 35 hours a week is nothing for somebody like my dad and my mum is elderly. She doesn't get anything for him.

previous of that as I was genuinely looking after him for more than 35 hours a week in Covid just I don't need all of the headache before, so I just left it.

so just a summarise the claim started in mid 2018 in mid 2023 the carers element was added, DWP refused to backdate it but the tribunal agreed by only initially requested six months because I was worried that they would throw it out and I would get zero.

after looking at the evidence on my journal it seems to me that if the judge said yes to this situation previously why would anybody say no to a date completely separate to the original tribunal date which is just earlier on?.

does anybody have any advice on this because it's all confusing?

I don't want to start something that I'm not going to win and waste my time on and I've heard all this stuff about a 13 month rule, then again, according to the Internet it doesn't apply. It's just so difficult to get a straight answer

do I have a chance of winning because the DWP told the truth with your circumstances so I am wanting to do that but they actually owe me money it's just difficult to prove.

I'm also thinking, what have I got to lose?

carteroo5

Do you claim carers allowance at all?

tT1211

No, I have never claimed this.

I didn't see the point because they just deduct it off the UC and it provides class one contributions which doesn't affect me because I don't have the ability to claim anything else… but I'm getting class three contributions anyway towards my state pension.

even to this day you confuses me what advantage this would be.

but to your answer to your question, not at all no carers allowance

Lauren29

I think that if you want a definitive answer you will need to take advice from a benefits advice service such as CAB or Welfare Rights. I think that is very unlikely that anyone on the forum will have some across a similar case before.

I am not an expert but I would think that it is very unlikely that a another challenge would be possible. You had an opportunity to claim back to 2018 but decided not to do this so I doubt that you would be allowed “another bite of the cherry”

Wibbles

Carers element is £201 per month - or £2412 per annum - you ought to be entitled to a backdated claim to 2018 when you began your UC journey - that would be £16,884 which would affect your current claim (too high savings) - so ensure that doesn't happen !

I would have a word with Citizens Advice and then your MP (Especially if your MP is not labour)

Kimi87

Not true- benefits backpay is disregarded from counting as UC capital for one year.

There are also some circumstances where it would be disregarded for the life of the UC claim.

You have taken the 2025/2026 rate and multiplied by 7, for 2018/2019 it was £160.20, rising each financial year.

tT1211

it's all difficult to get through to the cab, and I'm just trying to ascertain if there is anything legally stopping me from just putting it in and hoping for the best, at the end of the day, my information is accurate… instead of continuously reading about this which is just giving me a headache.

but this 13 month rule I heard about backdating benefits…. I heard it cannot be done but then I've also seen cases where people have so I've got instinct is the DWP will refuse it and let it go to a tribunal again.

yeah, the carers element rate has changed year by year… and when I got it backdated for six months, they said it's disregarded for a year for saving…

there are also circumstances if it's over £5000 they disregarded permanently but this might be if it's an error… but that's still a good point to consider because it's like they penalise you for saving money which is ridiculous

Wibbles

https://forum.scope.org.uk/discussion/comment/1072496#Comment_1072496

Yes - but backdated benefits should be paid at todays rates !

tT1211

Only thing stopping me doing this and coping for the best instead of continuously reading things which confuses me more

is this whole 13 month rule that I've heard about online about expectation decisions that cannot be looked at or appealed but then I've heard that they can be in certain circumstances so none of this information is ever clear

anyone have any information about the 13 month rule?

tT1211

something new, the case manager said IF you decided to backdate, go to 'report a change' on your journal, click stop caring. I said there is no option as Im caring now active on that system

he said cancel the caring then..

then go back in and click caring for someone again, but from the new date in the past the they will look at the backdate

I went into that section, clicked stopped caring to check the menu, then clicked cancel ..so I didnt put a date in that I've stopped caring I just went into the menu and then cancelled it back out and then it didn't leave anything on my journal. got no notifications, nothing, didnt confirm ANY change.

then exactly 7 days later to the hour, after I've already had an enhanced review two weeks ago… I have another review (not enhanced) asking for bank statements which I don't have a problem with but they're asking for ID as well again…

my issue is if I simply went into the menu and clicked stopped caring and then clicked back out. There were no changes confirmed then why did one of the messages on my to-do list was to complete the caring responsibility again and provide 4 months of statements and ID…

I mean this must be the reason it's triggered the claim to be reviewed which is ridiculous because I didn't make any changes. It's almost like they're just trying to put me off and backdate anything. I don't know if anybody has any information on this.