Carers element backdating

bond0071302
bond0071302 Online Community Member Posts: 3 Listener
in Universal Credit (UC)

Hi im new to this ive been on UC since 2022 and i have been caring for two of my sons whom one is receiving middle rate care and other higher rate PIP since the start of my claim.
I wasn’t aware of the carers element which i was entitled to so i asked them to backdate it from Aug 2022 but refused because i ticked caring 35 hours or less because of the way they worded it i misunderstood so now I have put in a MR. Clearly on my UC it shows my sons entitlement and im a single parent working 20 hours which is also on my UC so wouldnt all this be flagged to say yes I am providing over 35 hours of care .

Has anyone else had this issue and received back payment only because of choosing the wrong option hours of care?
thanks

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Comments

  • Emilee
    Emilee Online Community Member Posts: 339 Empowering

    I can understand why you’d think that, but Universal Credit can’t infer caring hours from the information on your claim.

    While your claim may show your son's disability benefits, that you're a single parent and work 20 hours a week, none of that tells UC how many hours of care you actually provide.

    The carers element is triggered only by the declaration that you are providing 35 hours or more of care, and UC relies entirely on what you report rather than making assumptions.

    If, when you answered the carer questions, you selected “no” to providing 35 hours of care, UC will treat that as correct, they are not allowed to assume caring hours and can only act on what has been reported.

  • bond0071302
    bond0071302 Online Community Member Posts: 3 Listener

    Hi

    Thank you for replying it’s confusing as some people who hadn’t declared any caring responsibilities have had their carers element backdated sue to the law UC goes by they do

    I will have to wait for the response of the MR

    Thank you once again for replying appreciate it

  • Emilee
    Emilee Online Community Member Posts: 339 Empowering

    That usually applies in situations where the person being cared for is awarded DLA or PIP and that award is backdated, so the carers is also backdated as it wasn't relevant to report before.

    In your case, the difficulty is that you specifically reported that you did not meet the 35-hour caring requirement, which puts it in a different category. I do agree that the wording of the questions is very poor and does often lead to misunderstandings.

    I truly you the best of luck with your Mandatory Reconsideration, and I’d be very interested to hear the outcome if you’re willing to share once you have it?

  • bond0071302
    bond0071302 Online Community Member Posts: 3 Listener

    Totally makes sense what you have said and yes of course i will definitely update you

    Thank you 🤞🏼

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