Carer element and disabled child element supersessions.

Hi All

Cl gets UC. Claimed and was awarded DLA for son in Dec 2019. Did not report this or that she is caring for him on UC journal.
Now declared. I’m hopeful that the DCE can be paid from date DLA awarded as per reg 31 of The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.

What I’m having a debate with myself about is the carer element. Is the change of circs the award of DLA or becoming a carer?

I suspect that the client cannot rely on reg 31 as she did not declare herself to be a carer but happy to be wrong.

Grateful for any thoughts.

Both an award of CA and the award of DLA are sufficient to use Para 31. DWP’s reasoning regarding the DLA award is that “there is a clear and direct link between the award of DLA and entitlement to the carer element”.

See ADM A4361 Example 1 and Example 2.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1049012/adma4.pdf#page=34

Thanks Charles. Problem is she didn’t claim carers allowance.

Example 2 should still cover you.

Ah, looks promising.