Hi, looking for some advise please.
I have cared for my disabled wife for the last 6 months, she has osteoarthritis and has mobility issues and is waiting for ops to fix her hips, then knees.
She was assessed and awarded PIP (daily living and mobility) in march '19, backdated to dec '18, and I was awarded carer allowance in April '19 backdated to Jan '19.
Then, of course, the DWP snatched back the carers allowance, the backdated part too, and the carer element came into the picture but it’s not backdated, which seems odd.
I’ve searched and read lots of info regarding this and it seems to be an area the the DWP like to wriggle out of, with many saying it should backdate to when PIP claim was started, or when the allowance was started, and I want to appeal but I’m becoming confused and need to be sure of the facts, so any advise is very welcome. TIA.
Hi Mike.
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Backdating.
If you were entitled to Carer’s Allowance before the date you claimed it, you can ask for it to be backdated for up to three months.
If getting Carer’s Allowance means you can get a means-tested benefit because you qualify for carer premium, you should claim the benefit when you claim Carer’s Allowance.
For a definitive answer to be able to appeal , my recommedation is either the CAB or the Carers UK Advice Team.
Contact details for both follow … CUK ? … best by email :
Backdating. If you were entitled to Carer’s Allowance before the date you claimed it, you can ask for it to be backdated for up to three months. If getting Carer’s Allowance means you can get a means-tested benefit because you qualify for carer premium, you should claim the benefit when you claim Carer’s Allowance.1 Apr 2019
above of the web
Remember to take into account your income on the three months.
Thanks, It’s specifically the carer element part not being backdated that I have a problem with, because research and logic tells me that it should be, but that the DWP will try to wriggle out of this entitlement if they can. Carer allowance details i understand.
CAB / CUK ?
yes, thanks Chris. 
I’ve fired off emails to both so waiting for reply.
It would be good to hear from anyone who has had similar experience or knowledge. Can’t have too much info eh?
This was my journal response from UC when I asked if carer element was backdated,
‘‘No your carers allowance was back dated to when you made your claim with them but carers element only starts when we are informed carers is in payment - we do not back date in-line with them. No further payments are due with regards to carers element.
Regards’’
Always double check ANY INFORMATION coming out of the DWP !
That’s precisely why it’s best to take onboard advice from the experts out there before trying to attempt to " Correct "
the DWP … or any other under staffed , under educated , Government department.
( I will assume that the rules on backdating are no different under UC … which was mentioned ? )
In meantime have a read of this from CUK info pages -
https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/universal-credit
x x
Maybe i didn’t explain properly.
Carers allowance is £66.15 per week, which I was awarded, back dated to Jan '19, (up to 3 months is backdatable) so back payment was almost £800
Universal credit snatch this back £1 for £1, even the backdated portion. So is there a financial reason to claim it?
They replace it with Carer Element, which is £160 per month (£40 a week), but so far in my case they won’t backdate it, despite my research showing on the web that they should, especially because my wife has PIP, which is a means tested assessment, which verifies that I’ve been her carer for this last 6 months.
Questions.
- What is the benefit of claiming Carer Allowance if the DWP claim it all back anyway? Is it a pointless exercise?
- If it’s replaced by carer element, logically it should be dated from the time that PIP was awarded, or when Carer allowance was granted, because it’s the same care function?
- How do I convince Universal credit that they are making an error by not backdating it?
CAB / CUK … they are the experts , not us on the forum.
We do our best to field almost all queries / questions that come in.
Some … like yours … need expert advice.
I do appreciate the comments and help. I know It is an issue that needs the advise from someone who knows the finer detail and specific regs, and was hoping there might be an expert looking in. I’ll keep searching.
Regretably , any " Experts " who may drop in do not contribute.
One of the drawbacks of the forum … the Carers UK Advice Team are a separate entity.
Some disability forums are fully integrated … SCOPE being a leading example.
Over there , their people interact with the forum regularly … and posters can only learn from the answers so posted.
As for the DWP , it is not unknown for them to contact the CAB for advice … occasionly !
One would think that all carer and disability organisations would pool their resources together to provide an
" Online Advice Centre " covering all and sundry … perhaps linking directly with the CAB … cost savings would
be enormous … but … sadly … not to be … most are still stuck in the byegone age of individual fiefdoms.
OK, thanks.
if it helps others, I found these similar issues ‘ont net’
https://www.rightsnet.org.uk/forums/viewthread/14133/#66561
there are many others, I’ll trawl thru them over the w/e. 
Cheers Mike.
Some of those postings thereon would not be out of place on " Yes Minister. "
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I think A4215 deals with it. My reading of it is that so long as it is notified within the time limits (usually a month) that it will take effect from the first day of the AP in which the change happens, rather than when you are notified of it, my faith in saying that lies largely in that they used the same language for ESA/JSA as they do for UC in that passage and I know that when I worked in those benefits that we always backdated to the start of the benefit week it took effect (Again, subject to time limits).
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Now we know how Jim Hacker felt ?
Old topic, locked. Usual reasons