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Is Carers Allowance backdated after winning PIP appeal

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7 months 6 days ago #289661 by Sheila 966
It's been 6 weeks since my daughters PA4, (zero points), was submitted to the Decision Maker. (previous 25+ years have been higher rate in both elements).

We are waiting for the decision notice any day now and I have already prepared the documentation needed for a Mandatory Reconsideration.

I ring the DWP on a weekly basis - as within the first 5 minutes of the call a recorded message updates you with date and amount of the next payment, so, I know that the day it says 'zero' that the Decision Maker has ignored all the evidence too and a letter will be on the way :(

My question is, obviously Carers Allowance I receive for her, will be stopped, but if successful at MR or Appeal stage, is it backdated in full?

For Information to anyone else in the same boat: I worried that she would also lose her Access To Work, this will not be affected - this is not dependent on receiving benefits, the GP has said that, if required, they would supply the evidence to ATW.

The moral stance, in my opinion is that if a MR or an Appeal is won, it has been found that the DWP incorrectly stopped a benefit therefore the Carers Allowance should be reinstated and backdated too - but obviously, we know morals don't come into play too often!

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7 months 6 days ago #289667 by Gordon
S

Yes, the Carers Allowance will be backdated to the date it was stopped provided your daughter receives a Daily Living award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 months 5 days ago #289669 by Sheila 966
Many thanks Gordon, and Happy Easter :)
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7 months 3 days ago #289695 by Wendy Woo
Hello Sheila,

What Gordon says is correct -this happened to me a few years ago when my son transferred from DLA to PIP (awarded at the M/R stage), but be very careful - they will try to persuade you to make a new claim and then it would not be back-dated. Their reasoning (so they tell you!) is that new claims are dealt with more quickly, so you would receive some money sooner, but of course, you would not get the full back-dated amount. I hope this won't happen to you, but if it does, be prepared for a long wait - despite regular phone calls to the Carer's Allowance Unit, I did not receive the full back-dated amount for nearly nine months! Of course, this was several years ago, so they may have improved in the meantime, but I wouldn't count on it.

Fingers crossed all will go well for you and your daughter. I've been keeping an eye on your posts and I'm glad to hear you're prepared, but I just hope common sense will prevail.

Best wishes,

Wendy
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7 months 3 days ago #289712 by Sheila 966
Thanks Wendy - still waiting ........... but as I mentioned earlier, the weeks are passing since they had the report back, so expecting a response any day now - just expecting and preparing for the worse - but I'll fight them all of the way ;)
Thank you for your support x
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