Reporting changes in circs in ESA50

Hi all, client wrote in her ESA50 a year ago that her daughter had moved out and was no longer caring for her (although nothing specific stating that she was no longer getting CA and nothing specific to say that she was now living alone, although the daughter is the only person that would have been on the claim as living with her).

So question 1 - is the stopping of somebody else’s Carers Allowance a change that has to have been reported to claim backdated SDP? Or is it like the award of the DLA/PIP where you can get backdating even if you report late?

Question 2 - if the CA didn’t need to be reported ‘on time’ - is reporting the other change in circs (daughter moved out) in an ESA50 sufficient? I know the ESA50 originally gets posted to Medical Services and not to the ESA processing centre but I assume that a copy eventually gets to the latter when the DM makes the final WCA decision?

It was not your client’s responsibility to report that CA had (or should have) stopped. That would fall to her daughter - does the daughter now have an overpayment?

By virtue of 7(7)(b) the SDP can be backdated to when she became entitled to it by no longer having a non-dependant. https://www.legislation.gov.uk/uksi/1999/991/regulation/7 

So I don’t think the notice question is relevant, but if it was, I’m not sure if it would count as a valid notice - it’s certainly unreliable and ineffective for the clients, although fairly common.

Amazing that is super helpful. I never knew about that bit of legislation - every day is a school day 😊

Daughter is now pretty estranged but client believes she may have ended up with an IS o/p.

We’ll ask for backdating all the way back to when daughter left and see what happens - daughter left in 2016 and so there is potentially a fair wedge of backdating due to client if we can make it work.

I don’t think Reg 7(7)(b) applies in this case (as there isn’t a supersession being carried out under Reg 6(2)(e) or (ee)). But I think you should be able to rely on Reg 7(2)(bc).

EDIT:
There is a possible argument to be made that if the mother’s ESA began before her DLA/PIP began then Reg 6(2)(e) applies. I don’t think so though. I think Reg 6(2)(e) only applies in cases where the mother’s DLA/PIP decision is made after the non-dependent moves out.

Suppose you’re right Charles, but then what regs cover the non-dependant issue?
(I figured the client has to satisfy 2 changes - no CA+no non-dependant, just approached it from the latter angle).

If the only change is the non-dependent moving out, then I don’t think there is a legal basis for unlimited backdating. It’s just a regular beneficial change of circs, and should only be backdated if it’s reported within a month (or possibly more if you can get it extended). If you miss that, then it shouldn’t be backdated at all.

The Regs are so complicated though, I’m sure you’ll often get away with it!