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Can Carers element be backdated?

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5 years 2 months ago #228502 by Doodles
Can Carers element be backdated? was created by Doodles
Hi. Me and my husband have been receiving UC since November due to my husbands ill health. At the same time as applying for UC, we applied for PIP.
My husband had his WCA a few weeks ago but we are still waiting for results but report says LCW, which we appeal as he is not fit to look for work.
We have had PIP report and looks like his PIP award is enhanced on mobility and living.
I will now be applying for carers element but not carers allowance as this will be deducted from UC claim.
What we want to know is, can the carers element be backdated for 3 months, the same as the Carers Allowance can be backdated.
If PIP decision was sooner then we could have applied for carers element sooner. I have looked for information on Internet but can't find an answer.
If you could shed light on this website would be very grateful.

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5 years 2 months ago #228548 by Gordon
Replied by Gordon on topic Can Carers element be backdated?
Doodles

I can't see why you would not claim Carers Allowance unless you have earnings that prevent you from doing so. Yes, it will be deducted but you receive the CA so there is no net loss, you still receive the Carers Element as part of the UC but importantly, you will receive NI Credits that count towards a full State Pension which you would not receive with just the Carers Element being paid.

I can't find anything on backdating the element but I can't see why it would not be payable from the same day as his PIP award is made, the same would apply for a CA claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #228833 by Doodles
Replied by Doodles on topic Can Carers element be backdated?
There is no point in claiming Carers Allowance as it will be deducted £ for £ from our UC award.

UC is a nightmare as it is without complicating things as regards them reclaiming 5 months payments when Carers Allowance would come through.

I have over 40 years NI contributions so that is not an issue.
I am 63 and my husband is 61.

It is only the question I asked of the UC Care Element being backdated that I was wondering about.
I cannot find a definite answer anywhere and UC helpline doesn't know either ?

Thank you for your help though.

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5 years 2 months ago #228842 by Gordon
Replied by Gordon on topic Can Carers element be backdated?
Doodles

If you have the Contributions then it' not an issue.

There's a topic on RightsNet, the professional Welfare Advisers forum where a similar requirement is discussed and their view is that the Element should be backdated.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #228846 by Doodles
Replied by Doodles on topic Can Carers element be backdated?
Thank you Gordon.

I will have a look for that .

I will let you know if I have any luck in due course

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