× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Qualifying Benefits and Premiums - backdates

Rob M Thompson
forum member

Southwark CAB

Send message

Total Posts: 4

Joined: 15 July 2015

Hi all, I have a query regarding entitlement to elements of UC when qualifying benefits are awarded, in this case Carer’s Allowance and the Carer’s Element.

Specifically, if a claimant claims CA in AP 1, and the decision to award is made in AP 3, would (or rather should) the Carer’s Element be awarded back to AP1?

Example - a present client of mine with the dates simplified:

For ease let’s say A’s assessment period is the 1st to the 31st, and let’s say A’s UC entitlement begins on 1st July 2017. In July 2017 A makes a claim for Carer’s Allowance. However, a decision is not made on A’s Carer’s Allowance claim until September 2017.

A is paid their Universal Credit as follows:

A’s payment for July AP includes Standard Allowance and Housing Element.
A’s payment for August AP includes Standard Allowance and Housing Element.
A’s payment for September AP includes Standard Allowance, Housing Element and Carer’s Element.

I’ve had a look through CPAG but not found anything about this (although I may have overlooked), and under legacy benefits any premium would be backdated to the point the qualifying benefit award began, but I’m not sure about UC.I know the general rule is changes of circumstances backdate to the beginning of an AP, but one of my colleague’s training notes does mention qualifying benefits being an exception to the general one AP backdate, but doesn’t expand on this.

Any input would be much appreciated. Thanks.

HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2909

Joined: 12 March 2013

Para 31 of Schedule 1 to the UC, PIP, JSA & ESA (D&A) Regs 2013 covers this: the superseding decision takes effect from the beginning of the AP in which entitlement to the other benefit commences/increases/decreases/ceases.

Where arrears of another benefit pull the rug from under an existing UC decision from its original effective date, that decision can be revised under D&A Reg 12.