Carers allowance backdated

Does anyone know how long I could have carers allowance backdated. I asked years ago could we apply for my son who got Middle Rate Care & was told my husband could not claim as he gets SDA for himself ( I already get it for my mother-in-law). I now find out he could have claimed. Any ideas anyone???

My son now gets high rate care!!!:)

Comments

  • ceecee1
    ceecee1 Posts: 409 Forumite
    If your husband claims SDA for himself and was awarded Carers Allowance they would not both be payable.

    They are what are called overlapping benefits and in effect you would get the higher of the two. Both benefits cannot be paid together.
  • loz21
    loz21 Posts: 2 Newbie
    Sorry forgot to say that I know that he wouldn't get carers allowance paid directly but was told that he would get the carers premium added to his income support, is this correct? If it is correct how long would the money be backdated?
  • karenx
    karenx Posts: 4,988 Forumite
    If it was possible only to the day you make the claim unless you were wrongly advised and you have proof of it
  • Robbie64
    Robbie64 Posts: 1,938
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    edited 2 August 2010 at 6:34PM
    When applying for Carers Allowance you can enter an earlier date you wish to claim Carers Allowance from but the maximum backdating allowed is three months (13 weeks). So long as all conditions for CA were met in those three months then it is automatically granted. You then have one month (or three, I forget which) from when you get your Carers Allowance award notification letter to notify Income Support and the Carers Premium will be backdated three months. So enter a date which is at least 13 weeks ago if this is applicable.

    The only other way to get backdating is to claim a compensation payment (usually at least equal to benefits that were not paid) if you didn't claim Carers Allowance earlier because of wrong advice given by a DWP official. You will need to have some sort of proof however. Under this route compensation can be open ended and payments for several years worth of benefits have been made. You would be better off speaking to a welfare rights organisation if you want to pursue this route since your claim would be complicated by the fact that no actual loss of money for Carers Allowance has taken place, the compensation claim would be for loss of the Carers Premium in Income Support. It's worth pursuing though if you have some proof of getting wrong advice though there have been cases where actual proof wasn't needed.
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