2 child cap exceptions backdated??

[Aquariusbaby84]

Hi I wasn't away of the excemption circumstances for children born under the 2 child cap. I was made away by my GP recently while being treated for recovery from my DV marriage. She's filled in the relevant forms to apply for the cap to be lifted off my daughter who was born under those circumstances. I'm just wondering if anyone has had any experience with this type of claim as my daughter is now 7 years old.
I am aware there's no limit on time scale to apply and I should be awarded the exception rule for her ,has anyone has this backdated ? And for how long was the backdate? Many thanks in advance

I meant not aware of the cap exceptions and was made aware by my GP . Auto correct got me there

It only applies after you left the relationship. In theory if you left the relationship when she was born, you would be due 7 years of back pay. However, in reality I've never seen this happen. Also, don't expect a decision quickly. Expect to wait at least 6 months to a year and you need to keep reminding UC in your journal that you are waiting for a decision. Best of luck!

Thank you so much for answering my question. She was Born in 2017 and police removed him from the family home 13 weeks after her birth for domestic abuse. I then started divorce proceedings which was granted by a judge April 2019 however he was gone from the home in 2017 13 weeks after she was born . I've sent off the relevant paper work to tac credits however I'm due to change to UC in 4 weeks from now and I have the same form signed by the relevant authorities to send on to UC as well for my future claim. Very stressful when you've just started to recover from being abused and no one told you the rules of the circumstances at the time wish I'd been told back then by woman's aid or something. Thank you kindly for your response

Apologies; I should have said you are incredibly strong and brave. Your GP sounds great, have they signposted you to further emotional support?

On a practical level; when you apply for UC I think there should be a question that asks if you think you are exempt from the 2 child limit (multiple births, adoption etc) tick yes and upload the NCC1 form. If it doesn't, once you've set up your claim, make a journal entry and say you are exempt from the two child limit and upload the NCC1 form (I would actually still do this even if you do upload the form when applying). You will receive the extra element going forward, although it may take a few months to approve. Please don't listen to any work coaches that may wrongly advise you. Pop back on here if you have further questions later in down the line.

In regards to tax credits and back pay on tax credits; that is more complicated. I have no experience of tax credits and the two child limit. Make sure you submit your evidence before your claim is closed. I think it would be worth seeking help from an outside organisation. On the one hand is it worth all the stress and hassle of chasing it, but on the other you are probably looking at over 8 thousands pounds of back pay which is life changing. Let us know how you get on and Good luck!

Thanks so much for your advice on here
I've been receiving help from my GPS for some time now with the trauma of tje situation so thankfully they have helped a lot to cope amd get through it . It's only now 7 years later I've managed to get the fog cleared and come to terms with the things that happened to me and I'm in recovery.i appreciate the help and advice from you all on here. I will keep you posted as to the outcome in the end when it's sorted out

Has anyone applied to universal credit for their 3rd child excemption ..using form NCC1?
Was this backdated to the start of your universal credit claim ..or the child's birth date? Or did they refuse to backdate?
Thank you x

Yes, if you read this thread it should answer your questions.

Once you've submitted the NCC1 form and assuming its filled in correctly and signed by a professional on the approved list, you'll get the extra child element going forward.

Backdating is harder. You cannot be living with the father in order to claim the additional element. Therefore, if you stopped living with the father before baby was born and you were already claiming UC, then in theory it could be backdated to when baby was born. However, if you're trying to claim for a child that's 6 or 7 years old - don't hold your breath to receiving 6 or 7 years worth of backdated money! You'll be asked why you didn't report the change sooner and depending on the answer you'll be awarded a backdate amount.

Also, backdated money takes forever! Don't expect anything within the next 6 months - a year isn't unusual.

Good luck

My child is 3 , I don't live with the father , that ended before my child was born.. , my daughter was born in September 2021 and uc claim was started in November 2021 , I have stated on journal that form has been signed by approved person and to backdate payments..they then asked why I didn't apply sooner , and I replied, I had no idea that it was an option , even my womens aid worker didn't know that many of her women could apply for this , I stated that if I had known or been told , then I would have applied sooner , I don't think they will backdate , but if my daughter was eligible for the child element then I hope they do. It's £10,300 x

You might find this helpful @Aquariusbaby84

https://www.telegraph.co.uk/politics/2024/11/04/rape-victims-two-child-benefit-cap/

@Carol4155 good luck. Let's us know if you do get a backdated amount!

I had my claim back dated, but there was a time limit on how far back you could claim, possibly 2 years from memory. I seem to recall that the payment was made pretty quickly though. Good luck

any element on UC can only be backdated to the start of your claim and no longer.

UC have backdated many claims for disabled child element going back years because claimants were unaware of the elements existence , and for no other reason. By that logic this should also be backdated to November 21.

It's been 2 weeks , the decision maker messaged today to ask why I never reported earlier ...obviously I told her because I had no clue that I could , no one has ever made me aware of special circumstances...hopefully a decision on Monday 🙆£10,600 or we are not backdating lol I will appeal if so

I got 2years back dated for my daughter and the whole process from sending my nc11 took about 2 months

I got 2 years back dated and the whole process took about 2 months from sending the nc11 form to payment being made ,that was through tax credits system though not U.C

Uc are refusing to backdate anything lol , even though I wasn't aware of special circumstances when I made my uc claim with my daughter added at the same time , also told me that I can't appeal that decision, which I find totally wrong , I have asked for a mandatory reconsideration, even though they haven't even told me whether my child is added to my claim , they have written about a reconsideration in my journal , I really don't think they have a clue what they're doing , women have had backdated child element , infact most women I've spoken to on Facebook or here have had they're claims backdated x

@Carol41556 I’’m sorry you’re having such trouble, but sadly it’s not unusual. Have UC accepted the NCC1 form? If they have then you will get the 3 child element going forward. If they haven’t accepted the form ask why not.

As far as back dating… I haven’t heard many success stories. Who has given this decision? A work coach or decision maker? Work coaches are often very mis informed. I would suggest getting a third party such as woman’s aid involved, but I’ve heard stories of women going into shelters being given wrong information by the staff. Good luck.

@Carol41556 The additional Child Element doesn't need to go to a Decision Maker at all?

Once the Child Exception is verified via NCC1 Form the underpayment auto-generates to when the Child was added / start of UC claim (if they were on there from the outset).

Are you saying you have never added this Child to your UC claim until now?

My child has been added since the start of my claim , I was unaware of special circumstances via ncc1 form , until now , my child is 3 , ncc1 form signed by approved person and they are now refusing to backdate to start of my claim as I am over a 13 month time limit , how can any women be subject to a time limit when reporting with this form

They've not done it properly and sent it up as a late reporting I expect (Decision Maker should know better though...)

What area of the country are you?

Scotland

@Carol41556 I would put a note on your journal stating they read their own Guidance and that they need to complete the Additional Support for Children to-do using the NCC1 form, and calculate arrears of Child Element due.

If you don't get a response after a week, I would email your MP.

I've contacted my MP he has taken over communications with UC on my behalf , also my MSP has taken my situation and has asked my permission to take it to parliament and the prime minister , so I'm hoping they stop their absolute vile attitude and award what my daughter is entitled to

Did you get a resolution?