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Didn't realise I was meant to inform UC when son was issued CVI certificate. Will we get backpay?

Amz86

Hello,
Need some advice, my son has a CVI which is dated 16.7.21, I didn't realise I was supposed to inform UC when the certificate was issued.
I've now informed them. Is it true that we aren't entitled to a back payment to when the certificate was issued?

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Ross_Alumni

Hi @Amz86

Welcome to the community, I hope you are well and find this to be a supportive and welcoming place.

Sorry to hear that this is causing you some uncertainty at the minute, I am unsure over whether you will be entitled to the backpayment or not, but I just wanted to clarify for other members that you are referring to a Certificate of Visual Impairment? Is that right?

Amz86

Hi Ross, and thank you.
Yes it's the certificate of visual impairment I'm referring to sorry I'm so used to saying CVI now

Ross_Alumni

Amz86 said:

Hi Ross, and thank you.
Yes it's the certificate of visual impairment I'm referring to sorry I'm so used to saying CVI now

There's no need to apologise, I have sight loss and do the same

I imagine that many other members will know what you were referring to, I just wanted to clarify in case.

chiarieds

Hi @Amz86 - & welcome to the community. From what I can see, it may be worth asking a decision maker to look at this (a Mandatory Reconsideration). This from the Advice for Decision Maker's Guide:

'UC and award of other benefits
A4-220 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.'

So, altho you're normally supposed to inform the DWP within a month of any change, I don't believe that's the case here.

You can find a form to request the Mandatory Reconsideration (MR) here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

If you were already getting the lower rate of the disabled child element due to your son's VI (if he was receiving the lower or middle rate of DLA for example) this might be worth mentioning in your MR, & send a copy of his CVI.

Amz86

chiarieds said:

Hi @Amz86 - & welcome to the community. From what I can see, it may be worth asking a decision maker to look at this (a Mandatory Reconsideration). This from the Advice for Decision Maker's Guide:
'UC and award of other benefits
A4-220 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.'
So, altho you're normally supposed to inform the DWP within a month of any change, I don't believe that's the case here.
You can find a form to request the Mandatory Reconsideration (MR) here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF
If you were already getting the lower rate of the disabled child element due to your son's VI (if he was receiving the lower or middle rate of DLA for example) this might be worth mentioning in your MR, & send a copy of his CVI.

Thank you for the advice

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