Carers element back dated payment. 

Hi, wishing for some advice on the following:

Joint Claim between JS and DJ. Claim started 13th July 2023.

Their child was awarded CDP ER Care in Jan, it was backdated to 7th July 2023. JS reported this to UC and it was put to a decision maker who awarded the disabled client element and carers element both backdated due to the reasons it was reported out with assessment period. (Does not claim CA)

The query I have is regarding backdated payment of Carers Element for JS claimed by DJ.

- JS has an ADP award enhanced rate both elements. Decision received in Oct, backdated to start of claim In May.
- DJ was made aware in Feb he could claim CE when they sought welfare advice. They followed advice to report a change and date in from date of their UC claim. Explaining reasons on journal of why it has been reported outside of assessment periods (as they did with their child and they were advised it was handed to a decision maker) . Reasons - Didn’t think they could claim CE for an adult without CA, award was also backdated from Oct to May. CA they can not claim as they earn too much to receive.
- They did not hear word back on CE, but noticed it added to their March Statement. They asked on their journal re backpayment as they had got for their child under same circs to be told that they can not get backpayment for CE unless they were in receipt of CA at the time of backpayment date.
- DJ advised that they got back dated payment for their child under same circs, how does this not apply to an adult and also, they are unable to claim CA due income and if they can only award if from date of reporting even if they reported it in Oct when decision was made and backdated to May they would have lost out on July - Oct CE award.
- Work coach responded that the childs back payment was in error but since it was the decision makers error they wont seek funds back!

Is this correct? Can this be challenged?

The CE can be backdated to the start of the award in these circumstances because either:
(1) To the extent that it is a supersession based on a ‘change of circumstances’, it is based on the award of a qualifying benefit and can therefore be backdated to the start of that entitlement irrespective of the reasons for late reporting. See para 31, sch 1 D&A Regs.
(2) To the extent that its a revision of the original awarding decision, they are still within 13 months of the decision and therefore in time to request an “any grounds” revision.

When they asked the work coach (more likely the Case Manager) why they couldn’t do the same thing with the ADP as they could with the CDP, they were asking the right question as it is precisely the same issue. When the Case Manager responded and said that it was decision maker error, to be blunt, the Case Manager was just making something up to justify what their computer screen was telling them.

The Case Manager needs to refer the question of backdating the CE based on the ADP to a DM at which point it ought to be resolved.

This seems to be the flavour of the week. See also these recent threads:
https://www.rightsnet.org.uk/forums/viewthread/20057/
https://www.rightsnet.org.uk/forums/viewthread/20034/

See also Reg 12, D&A Regs for the revision case.

Thanks both for the help. I shall post the reply they had from work coach through their journal when they advised they will seek further welfare rights advice.

If you could advice on best way to word a response, to try & challenge this to get a back payment, that would be very helpful.

Its so difficult when UC coaches aren’t making claimaints aware at the time they update their claim to report a disability benefit award and advise what else they may be entitled to.

‘the guidance is clear and it states as follows:-

Award start date and backdating
Normal Universal Credit reporting and backdating rules do not apply to caring responsibility.

If a claimant is in receipt of Carer’s Allowance or Carer Support Payment (Scotland), the start date for the additional amount for a carer is the start date of the above benefit.

If a claimant is not in receipt of Carer’s Allowance or Carer Support Payment (Scotland), the start date for the additional amount for a carer is when the claimant reports caring responsibility.

The disabled person may have claimed but not be in receipt of a qualifying benefit when the claimant reports that they have caring responsibility. The decision whether to award the additional amount for the carer is deferred until the qualifying benefit is awarded. The additional amount for a carer is payable from either the date the:

qualifying benefit was awarded, or
the date the claimant reported they had caring responsibility,
whichever is the later date.

In this instance it was the date Aaron reported the caring activity, which is 25/02/24.
You can contact Welfare Rights and give them a note of the above guidance which they should be aware of’

You need to insist that they refer the issue to a Decision Maker and make a formal complaint if they won’t (alternatively, raise through your local escalation route). There is no point in arguing with the Case Manager about it as they have no authority to do anything about it.

There is a distinction between the CDP award and the ADP award. CDP directly triggers an additional element in UC, ADP does not. The claimant additionally needs to either (1) claim Carers Allowance/CSP or (2) declare themselves to be a carer. DWP will say that any time revision/supersession is not possible where the claimant has not previously presented as a carer and doesn’t have backdated CA/CSP

The obvious retort is that there would be no point presenting as a carer without the cared for person having PIP/ADP. It is the PIP/ADP that makes one’s status as a carer material to UC, therefore this should come within the scope of any time revision or supersession. I don’t know whether this has ever been tested at UT level though: perhaps it has, I might have missed the case.

I don’t think that is an issue which need trouble us in this case because it can all be resolved through any grounds revision, which the CM’s explanation simply ignores (and in any event, they also ignore the prospect that the DM might extend time for a ‘late’ reporting).

HB Anorak - 21 March 2024 12:02 AM

There is a distinction between the CDP award and the ADP award. CDP directly triggers an additional element in UC, ADP does not. The claimant additionally needs to either (1) claim Carers Allowance/CSP or (2) declare themselves to be a carer. DWP will say that any time revision/supersession is not possible where the claimant has not previously presented as a carer and doesn’t have backdated CA/CSP

The obvious retort is that there would be no point presenting as a carer without the cared for person having PIP/ADP. It is the PIP/ADP that makes one’s status as a carer material to UC, therefore this should come within the scope of any time revision or supersession. I don’t know whether this has ever been tested at UT level though: perhaps it has, I might have missed the case.

Example 2 in the ADM at A4361 suggests DWP believe the award of a disability benefit alone is sufficient to get the CE backdated.
I realise that in that case there would also have been an extra element added directly due to the DLA, but the wording of the ADM implies that it is not necessary to rely on that.

I’ve wondered with that ADM example how relevant is it that it concerns a parent/child, i.e. it’s a class of case where the DM would be pretty safe in accepting that the undeclared regular and substantial care had been provided throughout. Is it perhaps meant to be a concession aimed only at that group?

edit: this is just in ref to cases where Carer’s Allowance isn’t in payment