UC and Carers Element

Helpless_Warrior

Recently claimed carers element after 12+ months of work coaches saying I wasn't allowed to claim it. The reasons they gave were "you do not claim carers allowance" and "you are not registered with the local carers network".
Put change on journal after I found out I could do it myself then called UC. He said claim is sorted but looks like I should be able to get back payment from the start of my UC claim and has sent it to decision makers classed as an underpayment.

I owe dwp money for overpayment from 20 years ago, I repay monthly from UC.
Some one has now told me they will use any back payment to clear the existing debt. I've googled for days and can't find anything about it. Does anyone know if this is correct as I was planning on using the payment, if I get one, to pay of other debt like council tax and rent arrears that have accrued since being on UC.
Any help would be great.

Thanks.

huckster

If they have not confirmed backdating yet, you may find that they will not backdate the Carers element of UC, unless there is evidence on the UC claim that you previously informed them, you cared for someone receiving a qualifying disability benefit.

If they agree to backdate, then yes they can use any underpayment to pay off existing benefit debts registered with DWP. It comes up on the UC systems and they don't have any choice. There are a few exceptions, such as Childcare and Housing underpayments, as Government wants to help people stay at work and not become homeless.

Alice_Holt

it is quite likely that the payment will be used to clear your existing DWP debts.

If the DWP do this get advice on whether you can challenge that decision, since CT and rent are priority debts. Plus the DWP have been negligent in telling you that you are not entitled to the carers element as "you do not claim carers allowance" and failing to pay you the correct amount of UC.
If this happens I would ask your MP to see if they can intervene with the DWP. It may not succeed, but is worth a try!

calcotti

If there is a shortfall between the help you get with rent through UC and your rent (there usually is) you could try applying for a Discretionary Housing payment from your local authority.
https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments