Carer's element UC

Furzeguy

Could one of you help me in assisting my daughter with her universal credit problem please.

My adult daughter who lives in her own property and claims universal credit started to be the carer for my wife  at the end of June. (In case the question arises I cannot claim carer's allowance for her as I am over pension age and anyway not really able to care for her).

Stupidly I know, none of us thought she could claim carer's allowance. A friend informed us that she could just a couple of weeks ago  and she put in a claim which was agreed last week and she has already had it backdated to the 25th of June and has received back pay of carer's allowance. And she is starting to get a weekly payment.

All well and good except that universal credit have this month deducted her back pay of carer's allowance in full from her universal credit meaning she received only some money towards her rent and no personal allowance. However they have not added on any carer element to her universal credit, neither for this month nor backdated. 

She spoke to a lady at universal credit on the phone today, explained she had not told universal credit she was a carer as she didn't think it made any difference to her money until very recently but when she claimed carer's allowance and it was approved she told universal credit she was a carer. My daughter was told that it makes no difference as she cannot get a carer element at all.

Surely this is wrong she must get a carer element at least from now even if they will not backdate it .. though I feel they should if they are going to take off her backdated carer's allowance it seems only fair. But fair may not be the same as the actual rule. 

Before she goes back to to universal credit people could someone explain what the exact rules are. I will be very grateful. 

Also although I think I know the answer, could someone confirm that just because she only got money towards the rent this month and not any personal allowance that will not mean she does not get the second instalment of the cost of living payment. I am pretty sure she will get it but to settle her nerves I am asking for your expert opinion anyway.

Many thanks and sorry for going on so long.

calcotti

Does she get the LCWRA element in UC? If so she cannot be paid the carer element too.

If she doesn’t have the LCWRA element herself then she is entitled to the carer element - and it should be backdated to when the Carers Allowance starts from, and she should challenge any decision not to do that.

The CA will be deducted from the UC so claiming CA at the same time doesn’t increase her income.

When she claimed for UC there was a question about caring responsibilities which she should have used to tell them about her caring.

She didn’t actually need to claim CA in order to qualify for carer element, provided she met the caring requirements.

Regarding the CoL she is entitled if she had a UC payment for an assessment which ended between 26th August to 25th September.
https://www.gov.uk/guidance/cost-of-living-payment

Her UC payment is just a UC payment, the different bits just make up the UC calculation of the amount payable and, once calculated, it isn’t a payment of a particular bit.

Furzeguy

Thank you for helpful reply. My daughter has now had a letter telling her they are taking the back paid CA off of her UC .

Apparently they say she will get Carer element from next assessment period but they will NOT backdate it as she did not tell them she was carer until the date she got her CA decision ... just 2 weeks ago. As I said we didn't realise carer's allowance was possible until recently. 

Is it fair, or rather is it the law, that if they backdate deduction of CA they should backdate giving her the carer element... Thus reducing the total deductions due?

If relevent how does she appeal this?

Many thanks

poppy12345

As carers allowance was backdated then they should also include the carers element from the assessment period in which the carers allowance was backdated to. It can be difficult to get the carers element backdated if there's no carers allowance claim unless you told them you're caring for that person. In this case, i don't see why the CE can't be backdated.

She can request the Mandatory Reconsideration (MR) on her journal on the decision not to backdated the CE.

calcotti

Confirming what poppy has said. Submit a Mandatory Reconsideration about backdating of the carer element to match start date of Carers Allowance. They are wrong not to do this. If they do not change the decision at MR you can appeal to the tribunal service.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/

NedS

Their argument is that the claimant should have reported that they were a carer at the same time they made the claim for carers allowance. All changes must be reported to UC immediately, and they would need to provide good reason why they were unable to declare the change at the time (very difficult given they were able to make a claim for CA at the time) for the Carers Element to be backdated. Harsh maybe, but that is what the claimant has agreed to on their commitments and that is the position they will take.

calcotti

NedS said:

Their argument is that the claimant should have reported that they were a carer at the same time they made the claim for carers allowance. 

I doesn’t matter. It’s a change of circumstances that should be applied as a supercession of the previous decision.

This situation is specifically covered by Advice for Decision Makers
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1065518/adma4.pdf
Paragraph A4631 example 1

OP, you may like to refer UC to the above guidance.

NedS

calcotti said:

NedS said:

Their argument is that the claimant should have reported that they were a carer at the same time they made the claim for carers allowance. 

I doesn’t matter. It’s a change of circumstances that should be applied as a supercession of the previous decision.

This situation is specifically covered by Advice for Decision Makers
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1065518/adma4.pdf
Paragraph A4631 example 1

OP, you may like to refer UC to the above guidance.

Nice find

Furzeguy

NedS said:

Their argument is that the claimant should have reported that they were a carer at the same time they made the claim for carers allowance. All changes must be reported to UC immediately, and they would need to provide good reason why they were unable to declare the change at the time (very difficult given they were able to make a claim for CA at the time) for the Carers Element to be backdated. Harsh maybe, but that is what the claimant has agreed to on their commitments and that is the position they will take.

Actually she DID tell them when she made CA claim ... We didn't know until she claimed that she counted as carer or could get anything until told by a friend. 

Furzeguy

calcotti said:

NedS said:

Their argument is that the claimant should have reported that they were a carer at the same time they made the claim for carers allowance. 

I doesn’t matter. It’s a change of circumstances that should be applied as a supercession of the previous decision.

This situation is specifically covered by Advice for Decision Makers
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1065518/adma4.pdf
Paragraph A4631 example 1

OP, you may like to refer UC to the above guidance.

Thank you Calcotti ... My dau is in hospital right now with appendicitis so this news will encourage her. It is good that people like you have such knowledge for "ignorant' people like me to benefit from ... Thank you again.

calcotti

Furzeguy said:.. "ignorant' people like me to benefit from 

It is a sad fact that getting the right benefits often relies on the claimant knowing or find out what they should get. A claimant shouldn't have to know the system and DWP should be supporting them to get their entitlement.