Can someone give me a bit of advice

Charli

Hi I was wondering if someone can give me a bit of advice im awaiting a pip decision for my husband from the report it looks favourable he could get enhanced for both, but it’s carers  I’m confused about I’ve been told I can apply for carers before the pip decision but I went on the gov website and they say you have to wait for the decision to apply please help 

atlas46

Hi @Charli

Yes you have to wait for decision letter from PIP, then claim CA.

You can get it backdated, from award of PIP.

Hope this helps

Charli

Thanks atlas46 that’s a great help 

atlas46

Hi Charli

No problem.  Would also check what other help your husband can get after PIP.

1. Blue Badge.
2. Free road tax.
3. Disabled Bus Pass.

You could also seek a Carer's Assessment, from your Local Authority.

Charli

Thanks atlas that’s a great help I’ll look into all you’ve mentioned have a great bank holiday 

poppy123456

If you claim a means tested benefit like ESA or Income Support then it will be the carers premium that will be backdated to the start of the PIP claim and not the carers allowance. Lots of people get totally confused by this. 

The quickest way to claim for carers allowance is online. After the decision's been made, of course. 
https://www.gov.uk/carers-allowance

If you claim Universal credit then there's no need to claim carers allowance to be awarded the carers element of universal credit.

Charli

Thanks poppy123456 

mikehughescq

You CAN apply for CA before the PIP decision but if the CA is decided first then you get nothing. Provided you claim CA as soon as PIP DL us awarded then the CA would be awarded back to the date of the PIP award.

atlas46

Hi @mikehughescq

Not sure I understand why you would attempt to claim CA, if the person you are caring for does not get one of the "qualifying benefits"?

Surely, it would fail at first phone call, I assume the DWP, will ask if the person you are claiming for get's PIP, as in this case.

Or  am I missing something?

mikehughescq

It can’t fall at the 1st phone call because refusing someone a claim before the matter has been before a decision maker is maladministration. You can make claims in advance for most benefits. It doesn’t matter if you’re not getting a qualifying benefit on the date of claim. It only matters if you aren’t getting one when a decision on the CA is made.

Charli

Thanks mikehughescq you always seem to give great advice 

atlas46

Hi @mikehughescq

Just out of interest, what case law do you rely upon, that you can apply for benefits, before benefits are in play?

Can you also please direct me to the maladminstration cases, that I can invoke in such circumstances.

It would also be of assistance, if you could kindly list the actual benefits, that can be triggered, before the starting gun.

mikehughescq

It’s not case law. It’s in the regs. However, in the case of CA it’s not an advance claim either. It’s just that you’re making a claim in advance of knowing whether PIP DL will be awarded. 

That aside, it’s not possible to list all benefits for which an advance claim can be made but IS and HB would be 2 if the most obvious ones. 

In terms of citing maladministration case law there’s none I’ve ever needed to cite simply because DWP will cave every time when it’s pointed out the refusing to allow someone to claim is blatant maladministration. The only person who can make a decision is a decision maker. That is in the regs. Anyone who therefore prevents a claim by refusing to send out a claim pack etc. is acting de facto as a decision maker and beyond their powers. DWP would never let a case near an Ombudsman for fear of what it would reveal culturally (they started full on illegal refusal as far back as 1988 with the introduction of the Social Fund and most people in the field will have experience of it happening before that). It’s happening right now with claimants of new style ESA being wrongly told that either it doesn’t exist or they can’t claim it and must claim UC instead.