Applying for Carers Element of UC

Fibleepy

My husband is going to apply for Carers Element. It is asking for a date for when he started to be my carer. Since I have to be in receipt of PIP for him to claim CE, should I put my PIP award date?

Finest67

Hi. As long as the date you give is the same as your UC claim,or the date you want your claim backdated to, then it will be fine. 

Fibleepy

Well the UC claim date is earlier than the PIP award date. Do you know if the Carers Element can be backdated, if it can't then he may as well apply for it from today.

Finest67

It can be backdated to the start of PIP award. When you request backdating state you are asking for it due to a "late award of a qualifying benefit" and go from the start date of award and not the date the letter was sent 

Fibleepy

The DWP are refusing to backdate the Carers Element claim to the start of my PIP award. They say they have considered late notification but I do not meet the special circumstances that allow backdating within this circumstance. They say the law does not allow DWP to pay the caring element when it is reported late. So I looked here: 
https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/elements/#Carer element
and this instruction:
More detailed information about the carer element can be found in ADM Chapter F6.
directed me here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661570/admf6.pdf
I really can't see anything about back payment of Carers Element. Does anyone know if I can appeal the decision not to backdate?
Many thanks in advance.

poppy123456

When you first claimed UC did your husband put down that he's your carer? If he did then yes it should be backdated. If he didn't then they will most likely not backdate it.

Fibleepy

No, he wasn't caring for me when I first claimed UC but he was when I claimed PIP.

poppy123456

I've heard of several people having the same problem. DWP say unless the caring responsibilities were reported at the start of the claim (in your case, when you first rang to start your PIP claim off) then they won't backdate the carers element.

I can't find anything online that says anything about it either way/ I'm going to advise that you give carers UK a ring and ask for their advice on this. https://www.carersuk.org/help-and-advice/talk-to-us

Do come back and let us know how you get on. Good luck.

Hart86

It can be and it should be backdated, you can’t report it until you know about it! 🙄 I’ve known people get it backdated for quite substantial amounts of time. When he changes uc to say he’s caring ensure he makes the date of change the date pip is awarded from and give reason for late notification. If they refuse, request it goes to a decision maker, it’ll be properly sorted and awarded. Sadly most of the cms haven't had enough training and don’t know what they’re talking about!  

“Award of another benefit

12.  Where— 

(a)the Secretary of State makes a decision to award a benefit to a claimant (“the original award”); and

(b)an award of another relevant benefit or of an increase in the rate of another relevant benefit is made to the claimant or, in the case of universal credit, to a member of their family, for a period which includes the date on which the original award took effect,

the Secretary of State may revise the original award.

UC, PIP, JSA & ESA (D&A) Regs 2013”

poppy123456

I have heard of a lot of people having issues with the carers element of UC being backdated. It may not be as easy as can or should be unfortunately. These advisers are terrible when it comes to UC because of the lack of training they received.

Fibleepy

When we first claimed UC I wasn’t claiming PIP so my husband wasn’t eligible for Carers Element anyway. When I was awarded PIP we didn’t know about CE. It was only a few months later when we found out CE existed that he put the claim in by doing a change of circumstances on his online UC account. At that point he noted the change began from the PIP award date. When we chased up if the change was being actioned at DWPs end they sent it to a decision maker over the claim date. They’ve come back now and said they can’t backdate it to the PIP award date, only from when the change in circumstances was made. The letter says we can still appeal and have the decision looked at again but if I’ve got no solid proof that they should backdate further then I don’t see how we can do this. 

poppy123456

Ok, now i'm understanding more. How long after the PIP award did your husband put the changes on his journal? You say a few months, so 3? is that right?

Fibleepy

PIP award started in September and my husband put the change on his journal in March but this was as soon as we became aware that Carers Element existed. 

poppy123456

Then i can totally understand why it's been refused to be backdated because he waited 7 months before reporting the changes. I realise you didn't know it existed but this won't help you. Had he reported the changes when you were awarded then it may have been possible to have it backdated.

If someone claimed carers allowance and waited several months to do it then it would only be backdated for 3 months, if they qualified at that time.

My opinion is that it will be pointless asking for a mandatory Reconsideration.

Fibleepy

Ok well thanks for your input. I guess we will leave it as it is. It just goes to show though how claimants don’t always receive the benefits they should when the job centres don’t alert them to additional benefits they are eligible to receive. 

Hart86

Ahh I misunderstood, if the claim had been made when you received a decision about pip they would backdate to the date pip is awarded to, but if it’s just because you didn’t know to report it and didn’t make the change, they won’t backdate as they don’t agree “ignorance” is a valid reason for late reporting (their wording not mine!!). 

Does your other half claim carers allowance? If so and uc are aware of it (so you’re receiving deductions from uc for it) then you may have a case. Otherwise I agree with @poppy123456 and a MR sadly won’t do you any good. 

poppy123456

Unfortunately, if they don't know he's your carer then they can't alert you. I think @Hart86 meant to say ignorance is not a valid reason and not is a valid reason.