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UC date of supersession
Hi All
I know this has been discussed before I would be grateful for any views.
Client on UC, son is awarded DLA at high rate care. Doesn’t declare on UC account.
I declare this about 18 months after award is made but from the date it was awarded.
Disabled child element is awarded from the assessment period DLA was declared.
I ask, what about for the previous 18 months?
UC say client must provide reasons for late reporting.
I say, no she doesn’t and provide Schedule 1 para 31 of the PIP, JSA, ESA(D&A) Regs 2013 and DMG A4361.
UC say this relates to dealing with delays in DLA decisions but will send to DM.
DM decides can pay from date DLA awarded because there are special; circumstances to do so despite none being provided.
Raised with case managers manager who is saying CM and DM are correct.
Am I missing something?
Am I missing something?
No, that’s it.
DLA is a relevant benefit. Child is a member of the family. Change of circs is the award of DLA, so the effect of para 31 is that it goes into effect from the start of the award.
I think the reference to special circumstances is just because they use a particular form of template letter to respond to all backdating requests which they accept. There isn’t another template that says “we’d like to deny this request but unfortunately the rules don’t allow us to”.
Is this one of the circumstances where UC is more generous than TCs?
As far as I can see in CTC the disabled child element can only be backdated if notification is given within 1 month of the decision to award DLA etc.