CA stopped when PIP unfairly stopped then reinstated

Procedural query.

Client became ill, pay dropped to half, then SSP kicked in sept 2016
Claimed HB but various income changes generated several HB awards.

Clients PIP up for renewal at about that time : husband had Underlying entitlement to CA in place which increased HB.

Clients PIP stopped as PIP said they didnt receive renewal.

Client adamant it was posted, 2 weeks later PIP apologised, and benefit went back into payment.

It appears the Carers premium stopped as PIP stopped, but client unaware of this as they assumed that CP
would be reinstated along with PIP. They have just discovered that no carers premium in place since.

Carers told me they would have sent them a letter confirming Carers no longer in place, but couldnt commit to confirming they had sent the letter last September

Client wants CP to mirror PIP award and backdated to september, however regs say that only 3 months max.

Any advice would be appreciated.

Thanks

You don’t need it to be backdated, if the PIP has been reinstated you can ask for an any-time revision of the CA decision. Once this has been done the Local Authority should be able to see the CA entitlement on CIS and they will be able to reinstate the Carers Premium.

Thanks Sam

Problem being : I asked CA about this and they said the claim was closed, and they cant revise a claim that doesnt exist

I then asked if i could make a new claim and get it backdated 9 months. I was told thats not possible

So : Tactics:

Any mileage in new claim , and when awarded ask for anytime revision?

Not sure how that will work, as they may still say they cant revise a benefit that wasnt in place for that period, as it wont be backdated to the period in question?

I was thinking of a late MR regarding the original closure, however legally CA were correct . PIP no longer in payment therefore they had every right to stop CP.

Any advice on this would be appreciated

Thanks

It’s an interesting line. Not sure it makes any sense. If it were true then how would we MR nil entitlements to anything?

It may be administratively inconvenient and the IT may be sufficiently incompetent to make it difficult but that doesn’t make it correct. You can’t “close” a claim if a determination to award has been made. You can only do that closure, in effect a withdrawal of the claim, prior to the determination. Once there’s a determination and payments made then the decision exists and you can’t “close” it at all. You can only revise or supersede.

Of course, stuff gets closed all the time. Doesn’t make it legal. The decision to close, if that’s what it is, is an error of law in itself.

path of least reistance.  id make a new claim and request backdate,  if refused backdate then recon and appeal.  I think they will see sense though.

that’s exactly what I did this morning, online claim, easiest option….