Pip + Carer’s help

anxiousbird

Hi again 
so I’ve recently been awarded PIP. We asked Universal credit to backdate our carer’s element from PIP start date but they say that we’ve only just ‘reported a change’ so they can’t backdate it! We’ve gone back to our journal and checked the at the time of applying to UC (April 2020), in our initial questionnaire, it is clearly mentioned that my husband cares for someone (me) for 35 hours per week. We left it at that and never asked about carer’s element as I wasn’t getting PIP and therefore not even eligible for it. So why is UC penalising us for not ‘reporting a change’ before, even though there was NO ‘change’ to be reported anyway - we had stated right from the beginning that my husband was caring for me, the only ‘change’ would’ve been him stopping care! And if UC says that this is the standard procedure and everybody HAS to ‘report a change’ even after telling us that they are caring for someone, and even if they’re not eligible for carers element, then surely someone from UC should’ve informed us of this procedure?! How on earth would we figure this apparently contradictory action out ourselves? 

Please help/guide as to what we can do now. 

calcotti

If you declared the condition when you applied then they should backdate the carer element. Challenge the decision not to backdate. If necessary, formally request a Mandatory Reconsideration.

anxiousbird

Yes, I’ve gone back to my journal and seen the summary of our initial application to UC from April 2020 and for myself it says ‘....has a disability’ and for my husband it says ‘......cares for someone disabled 35hours a week’.
it’s only when I called their helpline yesterday that someone told me to go to ‘report a change’, which I did, and UC is taking it as if we’ve only just mentioned this ‘change’! Which isn’t true! I’ve sent them a message saying that I think it’s unfair and I want to appeal this decision! 

anxiousbird

Thanks Mike. Do I *need* to fill in that MR form or should I just write a ‘letter’ on my journal with the heading REQUEST FOR MANDATORY RECONSIDERATION

Also, based on my original post, do you think we’ve got a chance of getting it backdated? 

calcotti

You don’t have to use the form.

anxiousbird

Thanks calcotti  

calcotti

anxiousbird said:

Thanks calcotti  

Nonetheless the point Mike makes should be taken on board. It’s not difficult to complete the form.

Username_removed said: ..UC have a lot of trouble recognising this as a real thing so go to gov.uk and get their MR form; complete it and insist upon uploading to your journal. They have trouble pedalling backwards after that.

calcotti

anxiousbird said:

Yes, I’ve gone back to my journal and seen the summary of our initial application to UC from April 2020 and for myself it says ‘....has a disability’ and for my husband it says ‘......cares for someone disabled 35hours a week’.
it’s only when I called their helpline yesterday that someone told me to go to ‘report a change’, which I did, and UC is taking it as if we’ve only just mentioned this ‘change’! Which isn’t true! I’ve sent them a message saying that I think it’s unfair and I want to appeal this decision! 

In a case like this the change you are reporting is that the you have been awarded PIP.

Your husband should be the one requesting the carer element.

When we claimed UC we reported that my wife has a disability and that I care for her for 35 hours/week or more, As recently advised she has been awarded PIP including the Daily Living component and we are now entitled to receive the carer element in the calculation of our UC award to take into account my role as a carer.

The PIP award starts from xxxxx. You have refused to backdate the carer element even though you knew I was caring. We request a Mandatory Reconsideration of this decision which we believe to be incorrect. The carer element should be applied from the start of the UC assessment period in which the PIP award starts by suspending the award on the grounds of a relevant change of circumstance.

Refer to Advice for Decision Making Staff. Paragraph A4220 is clear “In the case of UC where the claimant or a member of their family becomes entitled to another relevant benefit, ceases to be entitled or the rate of another such benefit alters then the superseding decision takes effect from the first day of the assessment period in which entitlement to the other benefit or an alteration in it’s rate arises or entitlement ends.”

anxiousbird

Thanks so much @calcotti , that’s really helpful! ☺️

calcotti

Just spotting there is a spelling error in what I posted this morning - probably autocorrect.

The carer element should be applied from the start of the UC assessment period in which the PIP award starts by suspending the award on the grounds of a relevant change of circumstance. 

Should say superseding not suspending. Apologies for not spotting this when I posted.

anxiousbird

Ah thanks for correcting it ? @calcotti