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

They have added my 3rd child , a desicion maker had wrote on my journal that I will recieve no backdated amount due to a 13 month time limit , but there was no letter attached etc, I have complained about false information, that there is no time limit with an ncc1 form, and they are saying its with a desicion maker 😂😂they are absolutely clueless about these circumstances

Did you get a response?

A desicion maker wrote on my journal that due to a 13 month time limit I will not revieve anything backdated , I said this is not true as there is no time limit with ncc1 , I asked for a mandatory reconsideration and just been awarded child element from October 2021 😀

I am glad you got it sorted finally, and sorry for everything you have been through.

So many women have been told they aren't entitled to get it backdated with ncc1 , absolutely shocking , there are loads on UC forums etc , and they have just accepted it and not tried ask for a mandatory reconsideration x

why did they back date it to that particular date? Was that your child’s DOB, UC start date or just as far as they could go? X

This feels complicated so please bear with me, when I was younger (2012&2013) I had 2 children (only 16 months apart) and the relationship was very controlled, violent at times, coercive ect.wirh my.first I fell pregnant pretty.much straight away and his nastiness started soon after but he was punching walls and showing big anger flags before I was 6 moths pregnant with 1st. That ended in 2014 and I became a single mother and had to claim benifits. A good few years later i moved on and in 2019 had another child. As she was my 3rd she wasn't included in my UC claim but she was named on the claim as is my youngest on my new claim now (I changed from IS to UC the month she was born, in 2019) I continued my claim with the 3 children on there untill late last year. I also had another child last summer who I didn't add onto my claim as my mental health was In the tank so I just ended up canceling my claim when me and my partner moved in together. Things are not easy atm so this month (within the 6 month timeframe) I have restarted my claim adding my partner as a joint (not the first 2s bio dad)
I have literally tonight only just found out about the NCC1 form, previously I thought it only included r@@e victims no DV relationships without conviction. I've had the same health visitor since my oldest was little and my 2nd was just born, she has seen me through all the ending of the dv relationship, was my hv for my now 5yo and is currently my babies HV so she knows my situation extremely well. My question is if I got her to sign a NCC1 form for both my 1st and 2nd children (given she knows the whole situation) would I be entitled to the backdated amount from when my 3rd was born untill I canceled my claim last year? Meaning she would be classed as my 1st / 2nd depending on if they accepted my 1st as under the special circumstances aswell. Also if they did accept both children would my 4th (the baby) be classed as my 2nd going forward in my now claim. I left the relationship long before having my 3rd and 4th so no issues as to living situation there, me and youngest 2s dad have only just started living together last year hence the canceling of my single claim.
TIA

@BeAquaPoet no it would only count if child number 3 (possibly child 4) was from an abusive relationship? The fact your first two children are from an abusive relationship is not relevant for these purposes.

make sure you add child 4 onto your UC as you can still claim childcare costs and disabled child element for them.

I’m really sorry you had to experience all this. Your HV sounds good. Have you talked to her about how you are feeling?

Not currently no am sorry for what you have been through. There is a judicial review pending that may change things.
https://cpag.org.uk/news/mothers-get-go-ahead-legal-challenge-against-two-child-limit-rape-clause-rules

Do you know if I’m affected by the benefits cap will my child’s money be taken away?

I was also told I wasn’t entitled due to 13 month limit - after reading your thread I demanded a mandatory consideration (on the 9th of April she confirmed she had requested one) —- but she said there is no timescale for a MR so I just have to sit and wait 😩

Was you effected by the benefits cap (overall cap of £1835) prior to this award and was this award included in the benefits cap or deducted?

There is no cap if you are disabled

Did you have a further update please?

MR was declined today stating the same reason, over the 13 month time limite, they owe for 2 children, 5 and 3 years old, iv raised an appeal to the upper tribunal today and sent the evidence I had over to them, here's hoping they overturn there decision before it gets that far, but I'm prepared to fight it the whole way, hoping it's not a massive long wait

Let me know how you get on, I also submitted NCC1 form today. I have also asked for this to be backdated to 2018 I wasn’t aware and advised them that they shouldn’t be placing a limit on the backdated time with an ncc1 form.

Hi, I was just wondering if anyone has received the back pay as I have received the decision letter saying that special circumstances apply and its applied from 2020 I asked when I would get the back pay one person said I will get a letter shortly advising how much and now they are saying that the letter was sent in error. I have screenshots of The journal conversations and the two letters the first letter had the wrong date on it so it went to a mandatory reconsideration and I won that too so I have confirmation that I am entitled to it from 2020. I am just looking for a bit of advice really on where I stand.
Thank you

Fight all the way, there is no time limit, I received backdated 11k, ncc1 in November and middle of January received payment, I had my MP writing to them also, they are complete arseholes, if you don't fight you won't get it, it's absolutely horrendous especially having to re live trauma

There is absolutely no time limit with the ncc1 form, don't let them tell you otherwise!! I received 11k backdated

The delays in paying arrears in UC is disgraceful imo. I've got a case where I requested backdating of the LCWRA element on behalf of a client in November last year that is still unresolved.

I started the escalation process a month ago and helped the client submit a complaint around the same time. I'm on leave this week and next, but I doubt if there will have been any developments by the time I get back.

Trying to get a decision out of them is like pissing in the wind, frankly.

I ogt mines bactdated to the start of my uc claim when my daughter was added, which is 3 years of backdating , they are telling people there is a time limit of 13 months with an ncc1 rm, which is simply not true, there is no time limit with an ncc1 form, I applied in October 2024 and messaged constantly, got an MP involved and in January 2025 I received all moneys backdated

@Carol41556 did you get any luck?

All backdated till the start of my claim , 11k :) x

@Carol4155@Aquariusbaby84 @Carol41556 i need help! Do you guys have anything in writing that proves there's no time frame to report. They are trying to argue that there is a 13 month threshold.

Do they acutally pay it or can the descuon be no