Uc confusion

[Amyh400]

Hi, late night thinking has hit and was wondering if anyone can please clarify this because I feel like I'm going crazy.

I have 3 children and I am married. My husband works full time and I am a carer for one of my children. My son cannot attend school so he is homeschooled.

I also have 2 daughters.

Am I right in thinking that I should have all 3 children on my UC claim as they were all born before the 2 child cap was introduced? For reference my youngest daughter was born in February 2017 and the cap came in April 2017.

I have asked UC and they said very sternly that I was only entitled to 2 children on my claim. I left feeling like I was stupid for not understanding. I don't think this is correct though- or am I missing something obvious?

Surely though it's all done by computers so it's got to be right?

I do claim DLA for my son and I also get carers allowance and the carers element of UC. As my husband does work full time our claim usually gives us between £250 - £300 a month.

If anyone can please help I'd be so grateful. I just don't understand.

The deadline was a third child born before 6th April 2017 so yes you can claim for all your three children.
I would try a free benefits calculator online. If you put in all your kids date of births you will see you get child benefit for all three.

Who ever told you otherwise needs retraining

How did you ask UC? Don't ask in the job centre. This is not part of their role and they have minimal training on the how the benefits work in any detail.
The helpline aren't much better.

I would put a note on your journal and select "about a service issue". This should go to your case manager. Explain the you should have three child elements as all your children were born before April 2017. I would quite their own guide them - Advice for Decision Makers - I'll link to it below. They should add the third element and backdate it. This is the quickest way to get a resolution.

Technically your case manager should know what they are talking about but their training is also often woefully lacking so don't bank on it. They were also given way too many cases to handle so that will also impact the quality of their responses.

If this is unsuccessful submit a Mandatory Reconsideration again via your journal. This will then go to a different person, a Decision Maker. The MR will very likely be successful as this is an obvious error but will likely take at least a couple of months for someone to even start looking at it which is why I suggested option 1 above as a first port of call.

Worse case section you will need to appeal or complain but that takes 6 months to a year or longer so hopefully that won't be necessary.

Be persistent though as you are correct and good luck.

assets.publishing.service.gov.uk/media/660e7b7363b7f8001fde1855/admf1.pdf

Its paragraph F1007

Did you speak to them on the phone?
Definitely write a note on your journal and ask for the money to be backdated.