What sections/paragraphs of the Decision Makers Guide deal with backdating the Disabled Child Element of UC

Hi,

My service-user has had a message put on her UC journal that the DCE cannot be backdated to the date of award only from the date we notified. Does anyone know the sections/paragraphs of the DMG that deals with this so I can quote it in my complaint?

Thanks,

Jim

A4361 and regs referred to therein.

But you are probably corresponding with a case manager who lacks the authority to backdate the award. They need to refer the matter to a decision maker to consider backdating.

Chapter 2, Regulations 8 and 12 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.

REGULATION 8:

“Introduction

8.  A decision of the Secretary of State under section 8 or 10 of the 1998 Act may be revised at any time by the Secretary of State in any of the cases and circumstances set out in this Chapter.”

REGULATION 12:

“Award of another benefit

12.  Where—

(a)the Secretary of State makes a decision to award a benefit to a claimant (“the original award”); and

(b)an award of another relevant benefit [F1or [F2Scottish disability benefit]] or of an increase in the rate of another relevant benefit [F1or [F2Scottish disability benefit]] is made to the claimant or, in the case of universal credit, to a member of their family, for a period which includes the date on which the original award took effect,

the Secretary of State may revise the original award.”

Thanks both. This is very helpful from both of you.

Jim