Carer's allowance
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

No back pay after benefits were incorrectly stopped

SystemSystem Posts: 471 Scope community team
edited September 2018 in Carer's allowance
This discussion was created from comments split from: carers allowance taken from universal credit..

Replies

  • jasmine1234jasmine1234 Member Posts: 1 Listener
    Hi so , my friend is caring for her mother , 
    she is on universal credit for her and her child 
    her mother works part time but gets daily living pip

    my friend had to reapply for carers as her mums claim was stopped but re allowed 12 month later by Tribrunal 
    so my. Friends claim is back up and running ,, BUT ,,, 
     NO BACK PAY , JUST BACK PAY FOR THE LAST 16 weeks. ,,, 
     any idea why this is as she was told it would be back paid for a year , but the letter is saying not entitled ?? But there own people on the phone lines say it can be back datedto date of last payment asit should never of been stopped in the first place , xxthanks 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    jasmine1234,

    If your friend continued to meet all the conditions of carer's allowance (CA) & mum's daily living PIP was reawarded, then she should get her CA going back to the date it was stopped.

    Why are they saying she's not entitled? Is a reason given? Is there anything else that happened in the period between her CA stopping & mum's PIP decision at the tribunal, for example, did your friend work? Did she study? Earnings above a certain level can stop CA, & so can full-time study. I'm assuming that she continued to care as before.

    The rules definitely say that if PIP daily living stops & is then reinstated, as long as your friend reclaimed CA within 3 months of the reinstatement decision, it should be fully backdated, but she would need to have met all the conditions during that time.

    Your friend could try quoting the regulations - the Social Security (Claims & Payments) Regulations 1987, Reg 6(33). Or she could get someone to look at the decision letter & see if there are any reasons given (someone at a CAB may be able to help, for example). Ask for the decision to be looked at again, within one month if possible. Hopefully this can be sorted out.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
Sign in or join us to comment.