Can my carer be paid anything for looking after me?

ELLYP

Hi,

I have been claiming ESA for the past few years now. I am in the support group and receive £127.15 weekly plus my housing benefit.

pmlindyloo

For anyone to receive Carer's Allowance for you you must be receiving either the standard daily living component of PIP or the enhanced daily living of PIP.

Carer's allowance can be backdated to an award of PIP if claimed within 3 months of the decision.

Can your sister help you complete the form? Or post back for some advice and links. You can ring and start the application today.

Link to apply

https://www.gov.uk/pip/how-to-claim

poppy12345

What you should have done was requested the Mandatory Reconsideration then Tribunal if that failed. You do actually have 13 months to request this, with good reason but if your condition has got worse since you last claimed then they won't take that into consideration. It really depends on how worse you've got when looking at the PIP descriptors.



PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activities based on the PIP descriptors.



Having some understanding of what it's all about and what the descriptors mean helps. This link may help you understand it more.
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Alice_Holt

ELLYP wrote: »

I got a bit confused with my PIP claim after I failed the personal assessment. I wrote direct to PIP to complain about the multiple lies that were written in my assessment and I also wrote to DWP to complain. I heard back from the PIP people but never heard back from DWP. I wasn’t really sure what to do after that. I’ll get my sister to help me look into it again.

When did you write to the DWP?

You may have a case to argue that the DWP should have taken your letter as a request for them to look at the decision again. I'm sure there is some result case law on this.
If this is accepted, (and your appeal successful) then any PIP payments would be backdated to your original application (as would Carers Allowance if DL awarded).
This course of action would depend on the likelihood (or otherwise) of getting the points and an award. This in turn somewhat depends on the standard of the written PIP2 form.

I would suggest taking your copy of the DWP letter, copy of your PIP 2 form, and the assessment to your local advice agency / CAB to get their view on the possibility of a successful appeal.

There is a lot of useful info on PIP available online:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
https://www.advicenow.org.uk/guides/how-win-pip-appeal
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725533/pip-assessment-guide-part-2-assessment-criteria.pdf

I would suggest you and your sister look carefully at these links, and use them to either launch an appeal or re-apply.