Can carer element of Universal Credit be backdated?

CuriousPeep

Hi. I’ve been claiming Universal Credit since 11/08/17. 

Between 16/12/19 and 28/05/23 I claimed the carer element. 

When I initially claimed UC, I (incorrectly) stated I wasn’t a carer on the application form. I didn’t see myself as a carer or quantify how much time I spent doing what I did, I was just helping my dad look after a loved one. 

My Work Coach, from what I remember, didn’t tell me I was eligible for the carer element until a couple of years later. I was never advised to claim it and it was never presented as an option. 

Would it be possible to have the carer element backdated between 11/08/17 and 15/12/19? 

I’d appreciate your advice. Thanks

poppy12345

There's no harm in asking but as you didn't tell them you were caring at that time they may not backdate it. It will be down to a decision maker to make the final decision. Is there any reason why you waited from 2019 until now to make enquiries about this?

CuriousPeep

Hi poppy12345. Thanks for your reply, I appreciate your time.

When I first claimed UC I didn't recognise myself as a carer. I wasn't registered anywhere and I didn't claim Carer's Allowance. When I migrated from ESA to UC no one at the jobcentre mentioned the carer element or that I was an eligible candidate.

It was only 2 and a bit years later that the carer element was brought up in relation to my circumstances. Even then, I wasn't encouraged to apply for it. It was presented as an avenue I could pursue but would have to be assessed for.

Once the carer element was approved I didn't ask to have it backdated. I thought that would be cheeky and not an option. Also, I didn't want to get anyone into trouble. I knew I should've been claiming it from the outset.

Anyway, the last few years have been pretty full on in looking after my loved one. I simply haven't been in the right headspace to pursue this backdating issue.

I stopped getting the carer element a few months ago but feel I should've got it from the start of my UC claim.

Do you think I should raise the issue in my journal or give them a call?

poppy12345

Pointless ringing the helpline because there's very little they can do other than perhaps put a message onto your journal, you can do that yourself. I'd advise you to do this but also advise not to get your hopes up because a refusal may apply.

One other thing to add, when you transferred from ESA if your UC included the LCWRA element for yourself then you wouldn't have been able to claim carers element at the same time. This is because the same person can't be paid both at the same time.

CuriousPeep

I’ll leave a message in my journal for my Work Coach. I fully anticipate a refusal and am prepared to pursue a mandatory reconsideration/appeal.

 I haven’t had LCWRA since my UC claim started. 

I wish I’d been better informed when I migrated to UC. I didn’t know there was a carer element and that I was eligible for it. 

Thanks for your advice, poppy 12345. Best wishes 

CuriousPeep

Hi folks. I put a request in my journal (as per my original post) asking if it was possible to have the carer element backdated between 11/08/17 and 15/12/19 and an answer presented as a ‘written statement of reasons.’ I was told it would be referred to a Decision Maker. I then got the following reply:

‘…regarding your late reporting request for Carer Element as this was received over 13 months of date of claim no decision is required as a decision cannot be revised after 13 months. There is no decision to be made and no appeal rights…’

Is this correct? I’d like to ask for a Mandatory Reconsideration but I’m unsure if I’m eligible. Any advice would be much appreciated

Newcad

That is often given as a standard reply on journals, and as often with the DWP it is not the full truth.
(They only answer exactly what has been asked, they don't volunteer any extra that may apply).

ie. Whilst it is true as far as it goes, if there is no decision then there is nothing to MR so no 'Reconsideration', it doesn't cover all circumstamces, such as 'Revisions' and 'Supersessions' of claims/awards.

Carer Element can be backdated for years in some cases, and is in some cases, - although I am not sure in your particular case. (It may hinge around if you would have been eligible to claim Carers Allowance before/as well as UC but didn't claim CA).

I'd suggest that you get help from a local advisor who can see your paperwork and help with a "Revision" or a 'Supersession" if they apply in your circumstances.
You can find local-to-you advice organisations by putting your poscode in here: https://advicelocal.uk/find-an-adviser

A warning that the following threads/posts on Rightsnet are made by professional advisers, lawyers, etc. so they can get quite technical and legal. That can be confusing if you don't have a grounding in advice/law and they are not really meant for general reading by claimants.

You may also find this current/ongoing discussion on the professional advisors forum, Rightsnet, of interest, among other things it shows that the DWP are well aware that there are problems with claiming and awarding the various Carer Elements in UC, with many UC claimants not claiming the elements when they should do
https://www.rightsnet.org.uk/forums/viewthread/19718/

Also this thead there from September, "Refusal to backdate Carer Element as change was not notified with 13 months of date change occurred" will no doubt be of interest to you. It explains why that 13 month 'rule' is not the full story in all cases: (In particular see the example from the ADM in post #4 by 'Charles').
https://www.rightsnet.org.uk/forums/viewthread/19600/

CuriousPeep

Thanks, Newcad, for your quick and detailed reply. I’m going to follow your advice and find a local advisor. Last night I looked at the exact thread you reference on Rightsnet. You’re right, it’s not for the faint-hearted. I’ll have to swot up. 😉

Best wishes 

Newcad

CuriousPeep said:

 I’m going to follow your advice and find a local advisor.

Always a good move to make.

Of course they are horrendously overworked, especially with UC managed migration now rolled out to Tax Credits claimants, so it may not be quick to get an appointment.
There again you have waited this long already, so probably aren't in a rush.