Universal credit and carer premium

Good afternoon

I have a client who is on UC. They are a couple and one has applied for PIP the other is caring 35+ hours per week.
I cant find the rule that says the carer premium for UC would backdate to when an award is made for PIP.
Only thing can find is changes in assessment period and exceptional circ. Does this then meet exceptional circs.

Or
Is the client better off claiming Carer allowance end product is same income wise but this can be backdated 3 months and in the olden days we used to have a diary date to claim CA within 3 months to protect the claim then although likely to be turned down for CA once got DLA or PIP now would send in docs and backdated all ok.

I get that if client claimed CA then this would be income and potential O/P but then may be offset against Carer premium. I know its muddy

any thoughts please

thank you

Carer element won’t be backdated it will adjust payments in the assessment period that changes occur. Looking at Advisernet 9.2.0.17 Changes of circumstances on Universal Credit under the box for ‘Adviser’ (if you use advisernet rather than public site at CAB) - link to the UC, PIP, JSA and ESA (D&A) Regs 2013 Sch1 also there which outline when a change of circumstances take effect for each benefit.

Carer’s Allowance claim could be backdated and would provide class 1 NI credits and I think carer element provides class 4 credits (may have to check this as I am not awake this morning) as well as the carer element being paid on UC claim in addition to CA.

I think the carer element should be backdated to the start of the AP in which Carers Allowance entitlement begins: see para 34(2)(a) of Schedule 1 to the 2013 D&A Regs.

Thanks, completely missed this 😊 so both can be paid from the date/Assessment Period CA entitlement starts during a UC claim (including if this is backdated)?

Thank you both for your help I will check this out.
It is a lot easier if carer element of UC can be backdated as you say to beginning of the award for PIP otherwise it gets muddy.

thanks again
best wishes
Nigel

Am I correct to think this also means that things like non-application of the benefit cap will also be backdated to the start date of the PIP claim?

HB Anorak - 21 February 2019 10:17 AM

I think the carer element should be backdated to the start of the AP in which Carers Allowance entitlement begins: see para 34(2)(a) of Schedule 1 to the 2013 D&A Regs.

Would carer element not be backdated to the start of the AP when PIP is awarded for person being cared for? Carer doesn’t need to be claiming CA to get Carer’s Element right?

If the PIP claimant is a “family member” as defined in Reg 2 of the D&A Regs - yes (partner plus dependent child/YP)

anyone have thoughts on how this goes if trying to get the element backdated where the uc claimant hasnt been entitled to carers allowance due to the earnings limit?

could this get a full backdate or are they limited to the ap they specially notify their caring role?

I wouldn’t have thought they could get it backdated.

I’m not even sure about someone who is entitled to CA, and gets it backdated. Has anyone actually managed to get UC to backdate in these circumstances?

HB Anorak - 21 February 2019 10:17 AM

I think the carer element should be backdated to the start of the AP in which Carers Allowance entitlement begins: see para 34(2)(a) of Schedule 1 to the 2013 D&A Regs.

Do you mean 34 or 31?  There is no 34?

Just checking I am not going mad!

Many thanks!

Yes 31, sorry. Obviously using a numeric pad that day!