UC - Carers Element Backdating Issue

munkyboy2001

Not sure this is the right place, been awhile since I used any forum lol and a bit complicated to be honest.

Now my partner claimed she was caring for her mother on 9/9/20.  At that point they couldn't verify her mother due to missing a hyphen it seems.  Tried again 28/11/20 but got told someone was still caring for her mother.  After that another failed verifications due to the hyphen till I sorted it out.   But looks to me like she was a day off when she stated caring started on the 10/8/20 where in fact her brother was no longer entitled from the 11/8/20.  I asked for it to be back dated after research thinking it was possible and got this back.

"I can see that your caring activity that you reported was not verified on 09/09/2020 as another person was in receipt of carers allowance for Emma-Louise . You have then reported this change on 28/11/2020 that you provides care for 35 hours or more a week for Emma Louise and this change was occurred on 10/08/2020. Unfortunately, you reported this change outside your assessment period which classes as late reporting of change. We cannot backdate your carers element from 10/08/2020 unless we refer this to our decision maker team to review this for you. however you will need to provide the full explanation for the late reporting of this change so that we can refer this to our decision maker team for you. please let us know via journal."

So any ideas how to move forward to explain, I've not a clue about


"31.—(1) This paragraph applies in relation to an award of personal independence payment or universal credit where the change of circumstances is that the claimant or, in the case of universal credit, a member of their family, becomes entitled to another relevant benefit, ceases so to be entitled or the rate of another such benefit alters.

(2) Where this paragraph applies, the superseding decision takes effect from—

(a)where the superseding decision concerns universal credit, the first day of the assessment period in which—

(i)the entitlement to the other benefit arises;

(ii)the entitlement to the other benefit ends; or

(iii)entitlement to a different rate of the other benefit arises;" 

or what it means for us, if anything.

Any help would be great, before I blindly just go into Mandatory Reconsideration saying that it was a clerical error and hoping for the best.

NedS

munkyboy2001 said:

"I can see that your caring activity that you reported was not verified on 09/09/2020 as another person was in receipt of carers allowance for Emma-Louise . You have then reported this change on 28/11/2020 that you provides care for 35 hours or more a week for Emma Louise and this change was occurred on 10/08/2020. Unfortunately, you reported this change outside your assessment period which classes as late reporting of change. We cannot backdate your carers element from 10/08/2020 unless we refer this to our decision maker team to review this for you. however you will need to provide the full explanation for the late reporting of this change so that we can refer this to our decision maker team for you. please let us know via journal."

What they have said here is technically correct - the Case Manager does not have the ability to make a decision to backdate the award, so it must be referred to a decision maker, as only they can make this decision.

You should explain the circumstances exactly as they happened, as you have here. As you have acted reasonably, I would hope that they find in your favour and that your caring activity is backdated (once it has been verified).

munkyboy2001

NedS said:

munkyboy2001 said:

"I can see that your caring activity that you reported was not verified on 09/09/2020 as another person was in receipt of carers allowance for Emma-Louise . You have then reported this change on 28/11/2020 that you provides care for 35 hours or more a week for Emma Louise and this change was occurred on 10/08/2020. Unfortunately, you reported this change outside your assessment period which classes as late reporting of change. We cannot backdate your carers element from 10/08/2020 unless we refer this to our decision maker team to review this for you. however you will need to provide the full explanation for the late reporting of this change so that we can refer this to our decision maker team for you. please let us know via journal."

What they have said here is technically correct - the Case Manager does not have the ability to make a decision to backdate the award, so it must be referred to a decision maker, as only they can make this decision.

You should explain the circumstances exactly as they happened, as you have here. As you have acted reasonably, I would hope that they find in your favour and that your caring activity is backdated (once it has been verified).

Cheers, I thought as much but wanted to double check, all this due to a Hyphen and her mom telling her the claim ended the 10th... which I guess I can understand, hard to tell if someone says it will end of the 10th if its inclusive or exclusive.  But I'll ask for MR and hope for the best then :-)