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Backdated carers element
Client claims PIP and is refused. His daughter is on UC and was asked at start of claim 2 years ago “are you a carer”
She ticked no, as she wasn’t entitled to any extra carers allowance or carers element as her dad wasn’t in receipt of a qualifying disability benefit
2 years later and dad is awarded PIP at tribunal, backdated 2 years.
UC refusing to backdate carers element to start of PIP award, as she didnt notify them earlier and had previously denied being a carer.
is it just me or is this nonsense?
ill appeal this as i fully believe she has entitlement.
thoughts good people??
Has the daughter claimed CA?
And if not, is it more than 3 months since the FtT decision?
If the PIP start date is after the date that the daughter’s UC award started, then you want paragraph 31 here: https://www.legislation.gov.uk/uksi/2013/381/schedule/1
If the PIP start date is before the date that UC award commenced, then you want this reg: https://www.legislation.gov.uk/uksi/2013/381/regulation/12
Either way I think you should be able to sort it. We’ve had this argument countless times, both in relation to the carer’s element and the disabled child element, and it’s never had to end up at an actual appeal.
Cheers
Alex
If the PIP start date is after the date that the daughter’s UC award started, then you want paragraph 31 here: https://www.legislation.gov.uk/uksi/2013/381/schedule/1
If the PIP start date is before the date that UC award commenced, then you want this reg: https://www.legislation.gov.uk/uksi/2013/381/regulation/12
Either way I think you should be able to sort it. We’ve had this argument countless times, both in relation to the carer’s element and the disabled child element, and it’s never had to end up at an actual appeal.
Cheers
Alex
The problem is that the PIP award hasn’t been made to a “member of the family” in this instance.
A very good point Elliot, I evidently wasn’t thinking yesterday. My apologies for this error.
I even posted about how the restriction of the effective dates of supersession under para 31 of Schedule 1 to the date of an award of benefits to ‘family members’ only seems very unfair, citing the case of a client who was the carer for his nephew: https://www.rightsnet.org.uk/forums/viewthread/20699/. It concerned non-dep deductions rather than the carer’s element, but the principle was the same.
The best thing to do in this scenario, I would agree, would be to try to get CA backdated and so the CE with it.
Cheers
Alex