Overpayment: CA taken as income, but carer element not applied for the same period
Clients have had an overpayment of UC as one of them claimed CA after the UC claim was made, the CA award was backdated to the date of the PIP award and a lump sum paid.
This seems fair enough, but what is odd is this: DWP is only applying the UC carer element from the AP that the claimant ‘asked for it’.
They are applying the change of circumstances rules I suppose, but if the whole of the CA award is applied as income and the award for each AP then revised, I can’t see why this would not in itself trigger entitlement to the carer element for the exact same period.
Can anyone think clearly for me on this one?
They should definitely include the carer element all the way back - see D&A Regs Sched. 1 Para 31.
Yes, I think para.31 of Sch.1 when read together with regs.29 and 30 of the UC Regs 2013 mean the CA can obviously be taken into account from the AIP it was awarded in, but that the carer’s element should also be applied from the same date.
In particular, the provisions of reg.30(1) require the person to “satisfy the conditions for entitlement to a carer’s allowance” in order to be treated as having “regular and substantial caring responsibilities!”, which they quite clearly do from the date it was awarded.
Take it to appeal Andrew, I’d love to see the DWP sub about when a supersession is not a supersession?
I will report back.
I think there must be some internal guidance telling DWP employees not to award the Carer Element until the claimant has notified them they are caring for a severely disabled person 35 hrs a week.
This issue was raised at a meeting between advisers and DWP about a year ago (the meeting was about something completely different) and the DWP reps said this was done to prevent fraud as someone could be on CA but not be fulfilling the care requirements.
Seems a bit daft as they could fraudulently declare on UC journal too!
The issue was supposed to be taken back to DWP but not sure what happened to it.