MR over carers element not being backdated enough. How likely am I to succeed?

chertyler

My work coach has put in a mandatory reconsideration form for me as I feel my careers element backdate was not backdated enough as u.c do not inform us we are able to claim for this if we are caring for someone, does anyone know how likely this is to go in my favour? Or is it very unlikely? I missed out on 2 years and they only backdated me 9 months. Thanks

poppy123456

They don’t usually backdate the carers element unless you reported being a carer for at least 35 hours per week.

chertyler

Yes I do, I care for my husband, i care for him 24 7

poppy123456

Yes but that's not what's in question here. If you didn't report being his carer they don't usually backdate the carers element.

chertyler

They were inform that I was caring for him and was deducting the careers allowance from my u.c but did not mention that careers element was even a thing or available to me. I just wanted to know what the likely outcome would be for a mandatory reconsideration for this? And if it was worth pursuing. Thanks

poppy123456

Were you claiming Carers allowance for the whole time?

Were you receiving the LCWRA element yourself at any point during that time?

poppy123456

In a previous thread here https://forum.scope.org.uk/discussion/89780/u-c-has-awarded-me-back-pay-for-careers-element#latest

You said you had a decision letter on your journal to say it's being backdated to 2019.

chertyler

Yes but they didn’t backdate it til then even tho it’s stated it in the letter, they only back dated it 9 months. I was receiving careers allowance 2019-2020, it was then stopped because of my husbands review in 2020 and didn’t realise I could claim until instructed by my work coach in 2021 til date, so 2 out of the 3 years I was getting careers allowance and was unaware careers element even existed. 

Sue_Alumni

Hello,

Just so I can understand your query can you let me know whether you are receiving a LCWRA element in your UC.  You cannot get the LCWRA in addition to the carer element. You get the highest which applies. However, if your partner has LCWRA you could qualify for the carer element in respect of the care you provide them.

When did you claim UC?  Even though you may be claiming Carer's Allowance before this you won’t be entitled to a carer element before this date. Was your partner in receipt of a qualifying benefit – in this case at least standard rate daily living PIP – and at this point and were you providing not less than 35 hours a week care. 

As you know, Carer's Allowance counts in full as income for UC purposes so you may receive a top up of UC. If your Carer's Allowance stops because your partner lost his PIP, you will be no worse off as your actual UC will be unchanged.

Is Carer's Allowance still being taken into account as income in your UC. If it is, and you do not have a LCWRA element for yourself in your UC, I do not understand why you do not have a carers element in your UC. Obviously if you are receiving Carer's Allowance and the DWP hasn’t noted this you must notify them of your change of circumstances.

I would suggest you request a Mandatory Reconsideration (MR) of the DWP’s decision not to pay you the carer's element from the correct date.  I would avoid referring to “backdating” as there are limits as to how far the DWP will backdate UC.   Your MR will be simply that you do not understand why you do not have a carer's element in your UC when your Carer's Allowance has been taken into account for the same period. You will then at least get a decision notice so you will be able to see what the DWP is basing its argument on.