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Original poster

Do UC backdate child disability element?

51 replies

Dladsbackdate · 03/12/2020 22:40

Hi, I posted this in SEN but nobody has replied. Name changed as I'm sure I will get the answer in a few days and I post a lot on here about other stuff, I'm just stressed and want some peace of mind. I already claim UC and I have finally had my sons claim for DLA approved (applied when he was younger and it wasnt approved, told to wait until his birthday and school help to reapply) he gets the high care rate and the low mobility rate, this means we are eligible for the UC higher child disability element as well. I'm just wondering if anyone knows if this will be backdated to when the DLA claim was backdated to which is the 30th September, my UC assessment periods run from the 15th to the 14th of every month usually I get paid on the 21st. I have updated my circumstances so think it should be on there this month, I only received the letter confirming and backdated payment yesterday so I told them on the change of circumstances straight away and left a note on my journal, but I am wondering if a anyone knows if I will get the disability element for 30th Sep-15th Oct and then Oct and Nov periods backdated? I can obviously show them the letter or maybe they can speak to DLA to confirm it. I've had to buy a lot of things even more than usual in lockdown both resources and to replace broken items etc so the money would really help, I don't want to sound greedy but my son is entitled to it from then so I don't see why I shouldn't get it? I probably should have appealed the other decision but I had lots of things on at that time, I'm just glad theyve finally recognised his needs now as I can help him so much with the money. Thanks in advance

OP posts:
Babyroobs · 03/12/2020 23:59

You can only ask. There never seems to be much consistency with back dating. I have had a few clients get carers element back dated once the disability benefit is in place but this week have had a carers element back date request turned down for no obvious reason ! I think the disabled child elment is usally backdated though and you can request carers element back date too. you don't need to be claiming carers allowance to get the Uc carers element and there is no earnings limit as with carers allowance.

PickAChew · 04/12/2020 00:01

Probably not. Tax credits never did.

Saladd0dger · 04/12/2020 00:02

Yes it should. Join universal credit essentials on Facebook. They are fantastic and will help you get money backdated

Original poster
Dladsbackdate · 04/12/2020 00:03

Thank you @Babyroobs fingers crossed they will respond to me tomorrow otherwise ill be stressing about it all weekend. It's not even the amount necessarily but the fact they have really messed me around with our claim before, under and over paying, leaving us in debt it's really stressful and theres no clear info anywhere to tell you, I obviously dont expect to get it any longer than when the claim was awarded from but I don't see why he wouldn't have been entitled to it then if that makes sense. I didnt know that about carers does that count even though my son goes to school as hes not with me 24/7 because he goes to school but the rest of the time I am basically his carer

OP posts:
Original poster
Dladsbackdate · 04/12/2020 00:05

Ah @PickAChew do you know why? Even if not I suppose it's ok as at least it's set for the future but it's just a bit frustrating as if theyd told me straight away (which obviously I know they dont itdoesnt work like that) I wouldve got it for those as he was entitled. Thanks @Saladd0dger I will have a look!

OP posts:
Babyroobs · 04/12/2020 00:16

@Dladsbackdate

Thank you *@Babyroobs* fingers crossed they will respond to me tomorrow otherwise ill be stressing about it all weekend. It's not even the amount necessarily but the fact they have really messed me around with our claim before, under and over paying, leaving us in debt it's really stressful and theres no clear info anywhere to tell you, I obviously dont expect to get it any longer than when the claim was awarded from but I don't see why he wouldn't have been entitled to it then if that makes sense. I didnt know that about carers does that count even though my son goes to school as hes not with me 24/7 because he goes to school but the rest of the time I am basically his carer
Yes as long as you care for him for 35 hours a week outside of school ( which you obviously will do ), you can claim the carers element and ask for a backdate of that.It is another £162 a month. I usually have lots of success for my clients with getting the carers element back dated so was a bit shocked that I have to ask them to look at the decision for this latest one again. They have said that the client should have reported she was a carer sooner but how was she to know the PIP was definately going to be awarded. It has to go to a decision maker who then posts the decision on the journal. It has taken about two weeks for this latest have the decision declined. You need to go to home page and declare yourself a carer and it will ask for the details of the person you care for. Then on journal request the back date.
Original poster
Dladsbackdate · 04/12/2020 00:30

@Babyroobs thats ridiculous, well I really hope you get it sorted! I have just read a decision about the old system (tax credits) about a person who claimed for dla their child which originally got denied and they appealed and it was overturned over a year later but they only backdated it for 3 months, because dwp said they shoudlve told them when they put the claim in, but like you say how would they know if they would get it.. I didnt put anything on my journal because nothing had changed at that point so I hope they don't say that! Especially since we got turned down before I didnt know if I would have to appeal etc (which I was much more prepared to have to do this time but luckily they granted it straight away) so how could I have told them anything?? I can't find anything on this in UC thought they never seem to have much actually written anywhere, suppose it's too new, and the phone line just constantly tells you to go to gov.uk for more info! Thank you so much for the information I didnt know I'd be classed as a carer I'm just his mum haha

OP posts:
Original poster
Dladsbackdate · 04/12/2020 00:36

Just found this discussion www.rightsnet.org.uk/forums/but/viewthread/16459/
Obviously ours isnt not on appeal but only looking for 2.5 months so quite positive on that front maybe? Hoping DS will go to sleep soon I'm knackered!!

OP posts:
pistolknight · 04/12/2020 00:44

Tax credits do @PickAChew , if it's outside the current tax year you have to complete a reconsideration form with evidence of dates and award/ letter from dwp or tribunal etc. It goes to a decision maker and I've known of a lot of people that have had it back dated. If in a current year it's been added with a phone call.

pistolknight · 04/12/2020 00:47

contact.org.uk/news-and-blogs/extra-tax-credit-payments-if-youre-claiming-dla/

Are these extra elements backdated?
Once you tell the Tax Credits Office about your child's DLA or PIP award, they will increase your payments. However they will only normally backdate the extra payments for a month from the date you first tell them.
The only exception to this is if you tell Tax Credits within one month of getting the DLA/PIP decision. If you do that then the extra tax credits payments will be backdated in line with the DLA/PIP award.

Original poster
Dladsbackdate · 04/12/2020 00:56

If UC work the same way we should get it then i think as I only received the decision yesterday (well 2 days ago now haha) and told them straight away. I know I probably seem insane thinking about this at this time of night but I'm up anyway and it would make such a difference. I was really nervous about claiming at all after the first time and I don't want us to be seen as greedy.. ds deserves some nice sensory things though and I would really like to get him a special bed which has padded walls etc. It would be so much safer and nicer than current which is mattress on floor and loads of pillows as been advised its safest in the meantime! if we don't get a backdate I will save the next year or so to buy it but if we get the backdate it would cut down the time a lot, hes needed it for years

OP posts:
LakieLady · 04/12/2020 18:51

Yes, you should get it backdated to the date the DLA start date.

UC staff don't always know this though, and I've had to quote the relevant regulation to them before now. It's very hit and miss.

Original poster
Dladsbackdate · 04/12/2020 19:21

Thanks @LakieLady, is there any chance you could tell me the regulation so I could tell them in case they get it wrong?
Someone replied on my journal first thing this morning saying they have sent it to my case manager to reply by 6pm today but I've had no response so I guess I'll just have to wait over the weekend. It's a bit crap of them though.

OP posts:
MaxGracie · 10/05/2022 22:02

Hey I just wondered what happened following this post. My son has been awarded HR care and LR mobility we received the decision today but the claim has been on-going since December last year. Will UC backdate the disability element from the date it’s awarded that would mean December? X

Babyroobs · 10/05/2022 23:36

MaxGracie · 10/05/2022 22:02

Hey I just wondered what happened following this post. My son has been awarded HR care and LR mobility we received the decision today but the claim has been on-going since December last year. Will UC backdate the disability element from the date it’s awarded that would mean December? X

It will need to go to a decision maker but yes it should be backdated and carers element too.

TG12 · 15/11/2022 18:41

Hi please could you update me on how long it took for the decision maker to get back to you on your UC account

Rebeccanew · 06/12/2022 12:11

Hi could I ask please I received a letter saying they accepted my reason for late on telling them and claim will be adjusted back from the award date but it doesn’t mention anything about backdated?

TG12 · 06/12/2022 15:21

I received the same and within a few days a got another on my portal which stated how much they owed me and when it would be paid, it took around a week from start to receiving back payment! Hope this helps :)

JustKeepBuilding · 06/12/2022 15:33

claim will be adjusted back from the award date

This means it will be backdated. They will calculate the amount owed.

Rebeccanew · 07/12/2022 08:54

Ok great so I will just be waiting on a new letter? This is the letter I received will I then get another letter and backdated sorry I should attached letter at beginning lol x

Do UC backdate child disability element?
JustKeepBuilding · 07/12/2022 21:18

Yes, you will get another letter when the backdated amount have been calculated.

Leeeloouu · 15/12/2022 12:13

Hi can anyone tell me how long it was after receiving the desicion makers letter to actually receiving your back pay it's been around 2 weeks since I was told the decision maker accepted special circumstances for the back pay to Jan but that's all I've heard nothing more not if and when there will be a payment?

Rebeccanew · 15/12/2022 16:44

I had letter on my journal about accepting it then I then went on to get another letter 6 days letter to say I’m getting backdated then it was in my bank 2 days after that…hope this helps

TG12 · 17/12/2022 17:42

Can anyone advise me on the cares element? Should that also be back dated ?

JustKeepBuilding · 17/12/2022 21:35

TG12 · 17/12/2022 17:42

Can anyone advise me on the cares element? Should that also be back dated ?

Yes, the carer element can be backdated too.