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CA for first PIP after tribunal hearing

lvlama
lvlama Member Posts: 24 Courageous
Hi all. 
2 days ago I have won my PIP tribunal hearing against DWP. It was my first ever claim. I got living allowance on enchanted rate and mobility on standard rate. PIP is backdated for 58 weeks, back to 20/09/2018

All this time, my wife have been refused for any CA application. Now, when tribunal have put aside previous DWP decision, can my wife do anything, to get hers CA application dated (approximately) in same time, when I should have started receive my PIP?

Asking only because we want to hold DWP to account! They unlawful, cruel and shameless system have to take responsibility for making already vulnerable people life's more miserable! Past year was absolute nightmare for our family.

I'll be extremely grateful for any help or advice! Thanks you, and please, keep fighting with system! We can win, because truth is on our side!

Kind regards
Ingus
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    Hi,

    Great news on the Tribunal win!!

    The answer to your question is yes, a claim for carers allowance can be made by your wife providing the other circumstances apply... She must not have been earning more than £123.50 per week after deductions and she must be caring for you for at least 35 hours per week. However, she will have to wait for your PIP award to be put into payment before she can claim and this can take 2-8 weeks. Once the award is in payment providing she claims within 3 months it can be backdated.

    Whether she will receive the full amount backdated will totally depend on her circumstances during those 12 months, what benefits if any she was claiming and/or whether she was earning more than the maximum amount allowed.

    Hope this answers your question.
  • lvlama
    lvlama Member Posts: 24 Courageous
    Thank you very much indeed. I been trying to find info online, but there is so much, and very confusing info. I'm so happy, I found this website.

    My wife have given up hers work, when my illness take over our life's. We have two children (now 10 and 8). No other family members,only we 4. So all this time my wife was as joint claimant for my ESA and UC. So I hope she is eligible for CA?...
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    May i ask when you claimed UC?

    As you're claiming UC now if she claims for Carers allowance it will be deducted £1 for £1 from your UC amount. Carers allowance will backdate the whole amount and most likely pay her the lump sum BUT because it's deducted £1 for £1 from the UC amount you will have an overpayment for UC, which will need to be repaid back from future monthly payments.

    Unless you live in Scotland there's no financial gain to claiming Carers allowance when claiming UC, The only advantage is the class 1 NI contributions that's paid with it.

    She can claim the carers element of UC without claiming the carers allowance and once the PIP award is in payment she should put the change of circumstances onto your journal and then the element will be added to your claim. When you claimed UC did she report she was a carer for you?
  • lvlama
    lvlama Member Posts: 24 Courageous
    Noone told us, that she can report as carer. We only been told, she cannot get CA, because I'm not awarded PIP. Since, they terrorising my wife with job interviews and all stuff related,vans threatened reduce UC if she won't...

    Looks like we have been lied (or not told all options) again by JCP and DWP. Makes me cry! How long they'll take **** 9f my family! Totally broken now...
  • lvlama
    lvlama Member Posts: 24 Courageous
    Oh sorry, I didn't answer first question. We claimed for housing element. This is what we been told.
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    They didn't lie to you, your wife still couldn't apply for the carers element of UC without the PIP daily living award BUT she could have still reported that she was a carer for you. If  she didn't report that she was a carer for you then i'm not completely sure if the carers element will be backdated now as i've heard that a lot of people have had issues with the carers element being backdated if they didn't report they were a carer.

    @Adrian_Scope any advice here please? Thanks in advance for any help.
  • lvlama
    lvlama Member Posts: 24 Courageous
    I cannot describe, how thankful we are for your advice!
    We not believe in my wife's work coach professionalism nor in hers kindness. Any chance to get different coach? She knows very well our situation, but never have told us to apply for carer on UC application...
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    No problem. As i advised, even though she could have reported herself as being a carer, she couldn't have claimed for the extra carers element of £160.20 per month because you didn't have a PIP daily living award at the time. She can't apply to have that added until your PIP award has been put into payment by DWP and this can take 8 weeks after the Tribunal decision.

    There really would be no point in changing work coaches now because once your PIP award is in payment she will be claiming the carers element and that will change her claimant commitment and she won't be required to look for work.

    May i ask if you're claiming LCWRA or LCW for yourself in UC?


  • lvlama
    lvlama Member Posts: 24 Courageous
    I have standard allowance, housing, children, Limited capability for work and related activities and ESA support group. And now will have PIP.

    If I did understand right, better for us would be not to claim CA? I understand you cannot tell me what to do, but I'm bit confused now about difference between CA separately and carer element with UC...
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    Are you claiming Contributions based ESA Support Group and UC?

    Carers allowance and UC unless you live in Scotland then there's no financial advantage to claiming this as well as UC, the only difference is it pays class 1 NI Contributions and UC pays your wife class 3.

    When claiming UC and carers allowance the carers allowance is deducted £1 for £1 from the UC amount, and because your wife can claim the carers element (£160.20) per week without claiming carers allowance then unless she wants the class 1 NI Contributions there's little point in claiming it. All she needs to do is report a change of circumstances on her journal that she cares for you for at least 35 hours per week and i'd advise her to do this ASAP. The extra can't be paid until DWP out your PIP award into payment but at least it will be done. Whether or not it will be backdated to the start of your PIP award, i'm unsure but i've tagged admin who i'm sure will answer when he sees this tomorrow.
  • lvlama
    lvlama Member Posts: 24 Courageous
    Now I understand much better. So, if we want NI contributions to be paid for my wife, she need to apply for CA. If she don't want NI to be paid for her, she can stay as a joint claimant on UC, but need to add changes of circumstances as carer for me.

    In fact, she have updated hers status on UC already (after your response). As you said - just in case ;)

    Thank you! Without you, I won't be able to calm down. This forum is the best available for UK. I never, NEVER had answers ready so quick in any other forums! Fantastic! 
    Thank you once again!
  • lvlama
    lvlama Member Posts: 24 Courageous
    And yes, I have UC (paid monthly, minus ESA) and ESA (support group) paid every 2 weeks.
  • lvlama
    lvlama Member Posts: 24 Courageous
    Also, it is not in topic of this discussion, but maybe you can give me some idea, where else I can seek advice relating disability? I'm I'll for more than 2 years, and all this time fighting and dealing with all only by myself. A bit tired and would be extremely thankful for any help/advice/talk....
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    She has her NI class 3 paid while claiming UC. Claiming Carers allowance they pay class 1.

    For face to face advice put your postcode into this link and it will tell you what's available in your local area. https://advicelocal.uk/

    Always happy to help anyone that needs it :)

  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Hi @lvlama and a warm welcome to the community. I can see @poppy123456 has already given you lots of really excellent advice. 
    Now your wife has reported being a carer for you to Universal Credit this should be backdated to the date your PIP has been awarded from.
    But it depends on a few things: When she reported the change, did she put the date of change as the date you were awarded PIP from (20/9/2018)? And has she made them aware in the past that she has caring responsibilities for you (even though she wouldn't have been able to claim extra money for them as you weren't receiving PIP)? 

    Now your wife has reported being a carer and you are in receipt of PIP she shouldn't be asked to work search anymore which should help alleviate some of the pressure. 

    (Thanks for the tag Poppy!) 
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  • lvlama
    lvlama Member Posts: 24 Courageous
    edited October 2019
    Oh, guys! You're absolutely epic! I cannot describe, how fantastic you are! Just unbelievable. 

    Yes, she did put right date on (20/09/18)

    During this period we been arguing with my wife's work coach about this topic a lot (my disability and need for care). She definitely cannot say she wasn't aware, but it's never been registered anywhere. We always been told, that she must search for work, she must attend interview etc. Even knowing, she lives 10 miles away from town, have no driving license and must look after me and children. Very unpleasant person. 

    Tomorrow my wife must attend work search interview. Will see, what gonna happen. I think I'll be able consult other people in this matters soon! Never been knowing that much laws as in past two years! Or, at least, need to write a book! ?
    Thank you once again for very fast, easy to understand answers answers and support! If you think, there is anything I can help with, just gimme shout! At any time.

    Have a good day you all!

    P.s. @poppy123456 thank you for link! I can tell you, as a single #KeyboardWarrior, it is hard and lonely to fight system alone.
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    Even though your wife told her work coach that she was a carer for you because you didn't have a PIP daily living award at the time it will have been the work coaches discretion whether they turn off work commitments.

    You say the work coach was told that your wife is your carer but was it actually put on her journal at anytime? or was the 20/9 the time that it was actually added? If so then there could be issues with UC backdating the carers element to the start of your PIP claim, which very often happens with UC.
  • lvlama
    lvlama Member Posts: 24 Courageous
    No, it is discussed only verbally. There is no mention on UC (well, as far as we can see online) at all about it. Only that much as we did yesterday by putting this 20sept 18 on my wife's account.
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    edited October 2019
    Hi @lvlama. It's my understanding that it should still be backdated (it will go to a decision maker) as you can argue that you couldn't make the change until PIP had been awarded. If the backdating is rejected you can appeal and I have known people to be successful with this. 

    Best of luck with your wife's work search interview tomorrow, hopefully they'll adjust her commitments. Please let us know how she gets on. Hopefully they'll adjust her commitments. 
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    Scope

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  • lvlama
    lvlama Member Posts: 24 Courageous
    Thank you, @Adrian_Scope! I'll definitely will keep you informed. I know, we all learning a lot from each other.
    And I'll definitely will keep fighting. As I said before, past 2 years, thanks to DWP, Capita and JCP, my family have even put through the hell. Several times!

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