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  1. #1
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    Default Carers allowance/ Abuse of process

    Three weeks ago I got notification that my wife would not be entitled to claim for carers allowance because and at that time of the decision we were not in receipt of the disability benefits, in my case PIP.

    Can I ask for a mandatory decision on this now as PIP has been awarded and backdated to November 2016, and would now meet the crtieria not met a few weeks back, any help as always would be appreciated. SF


  2. #2
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    Default Re: Carers allowence

    worth a try

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  3. #3
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowence

    Quote Originally Posted by dx100uk View Post
    worth a try
    When I was on DLA I was on the middle rate for daily living and same rate for mobility, which and I assume te middle rate would not be a qualifying rate for carers allowance, however after yesterdays judgment I was awarded the enhanced rate which would qualify for carers allowance backdated to November 2016.

    So am I right to assume that since November 2016 carers allowance could have been claimed for, but for the DWP stating otherwise and any amount lost (carers allowance) can this be backdated from November 2016 giving the judgment made yesterday.


  4. #4
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    Default Re: Carers allowance

    Happened to my neighbour
    Daughter was on low mobility
    Complained for years

    Along came move to pip
    Got enhanced everything

    He got carers back dated as far as her enhanced pip

    Dx

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  5. #5
    Basic Account Holder spitfire1964 Novitiate



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    Well that is positive dx, but it makes you think that the DWP are using the disabled and most vulnerable as a means of saving money, when you take into account the funding used to object to an appeal add to that the Tribunals seem to be awarding more to Claimants in rates of benefits to what they were previously on and stopped, they the DWP are a bit backward in thinking when you look at that logic because it is costing them more in theory.

    I have just contacted Carers Allowance and the rude person on the other end of the phone has told me that my wife needs to put in for a new claim, I explained to her that is not the case, and I will used my right to a mandatory decision to reconsider the claim as the circumstances and the criteria that was not met two weeks ago can no longer be relied upon, giving the judgment made yesterday makes the DWP wrong in not only denying PIP, but the excuse by the DWP not to award carers allowance is also now null and void because that judgment as opposed to some [edited] health assessor lies used before as a means of the DWP has been blown completely out of the water by the Tribunals decision. She did not like the facts mate

    How did your neighbour go about claiming Carers Allowance, was it after an appeal or after any award for PIP being awarded by DWP.

    By judging by the conversation that I had earlier with that horrible little lady employed by the DWP is that they are trying to engineer and have probably misled a few Claimants into believing any claim for Carers allowance starts from when the Tribunal adjudge the DWP were wrong in their decision, after the hearing.

    My argument is that if the DWP were wrong in not awarding PIP, and this is the reason why they refused to award Carers allowance, they are also wrong to deny anyone carers allowance during that period of time because but for not awarding PIP and awarding PIP, Carers allowance could be claimed.

    The DWP may have several different departments within its set up, but at the end of the day it is the DWP who are liable, not their departments.


  6. #6
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    Default Re: Carers allowance

    well I'm not interested in mass conspiracies that plague certain threads...


    if there was an active carers claim that was refused..
    which evidence now shows would have been given if the PIP was in-place
    the backdating now proving this case...
    it will be backdated going by that experience I have related

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  7. #7
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance

    Thanks for that DX,

    So from any award of PIP, any other benefits that could have been awarded, but for the refusal of PIP could be claimed from the date PIP has been awarded and in my case by the Tribunal, got it.

    Oh well one fire put out,
    now it looks like I will have to deal with Carers Allowance now,


    why the need to fight for any benefit rights, and in this day and age is beyond me, but if that is what it takes, so be it, I am not going to give into them..


    Just feel so sorry for those who give up the fight but we are all different and I can see why people do, they are vulnerable and this Government are kicking the most vulnerable as a means of balancing the books, cowards and in all honesty a bit loos in the head for (a) taking this route (b) for implementing what is a vile cull of those who deserve basic rights because of how they are or what disability they have, having to fight, just for that right, because of their disability.


  8. #8
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance

    Just phoned up Carers Allowance and further explained that I wanted to use the Mandatory period of the last refusal of not being awarded PIP and on /the provision that will now met the criteria and within the period allowed to appeal, only to be told that a mandatory period decision would take longer than putting in a for a new claim.

    Does anyone know the period in which it normally takes the DWP to considerer a mandatory decision which now on paper should be straight forward as I was told this would normally take twelve weeks which seems a bit extreme.


  9. #9
    Basic Account Holder spitfire1964 Novitiate



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    Default Abuse of process

    My wife has now contacted the Cares Allowance Department and on three separate occasions to claim Carers Allowance of which and giving the facts, reasons and the award giving by the Tribunal would now be a formality and should not take more than five minutes to marry the two up, as all the evidence needed to fit into the criteria for Carers allowance to be awarded could and should be evidently drawn from the decision to award PIP, the proof.

    However and on the three occasions that we have tried to get this benefit paid by exercising our right to appeal a decision before PIP was awarded, which was within the mandatory period of appealing the earlier decision not to award CA, not only are the DWP being objective in denying those significant facts that PIP has now been awarded they are slowing the process down by telling us that we cannot use the PIP as a reason to rely on to appeal the decision made three weeks ago not to award CA, which was based on the fact that we would not qualify because we were not in receipt of PIP, well we are now, use that in the reconsideration and backdate any payments owed.

    We have been given a number of quite pathetic excuses why the above cannot be put into practice which is just another excuse for the DWP to further delay any entitlement of that benefit.

    Yesterday we were told it would take upto 12 weeks for them to reconsider a decision that in evidence and in reality could be established in seconds, the PIP award but more of a concern and to what I believe is a complete abuse of process and a delibriate attempt to deny any right of appeal, my wife was told that she could not use the decision by the Tribunal to award PIP as evidence to support her appeal and within the window allowed so technically a reconsideration has been denied not only on an abuse of proceedings but also on the provisions laid out by the DWP which clearly rely on the fact that evidence that would support an award for CA cannot be considered which is a load of old cobblers.

    Are we being subject to an abuse of process, from where I am sat, it would appear so, any advice would be appreciated as always.


  10. #10
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    Default Re: Carers allowance/ Abuse of process

    Threads merged.

    We could do with some help from you

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  11. #11
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance/ Abuse of process

    Abuse of process is not related as to whether carers allowance is entitled as they are two completely different subject matters, so why have you taking the time and the trouble to link them?


  12. #12
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    Perhaps because they wondered if there is relevant background info in the previous thread that may mean you are more likely to get a reliable answer?.
    Even if not : what is the harm?


  13. #13
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance/ Abuse of process

    There is no harm, its just seems logical to distance two different subject matters.

    If someone has advice on the abuse of process being committed by the DWP, they are more likely to reply to that thread as opposed to a thread that in its meaning, is entirely a separate question. That is all.


  14. #14
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance

    Quote Originally Posted by dx100uk View Post
    well I'm not interested in mass conspiracies that plague certain threads...


    if there was an active carers claim that was refused..
    which evidence now shows would have been given if the PIP was in-place
    the backdating now proving this case...
    it will be backdated going by that experience I have related
    DX, some advice please.

    From what I am reading with my cases manager who deals with my UC, the impression that she is giving me is that I will be no better off claiming carers allowance as and in her words it would be taking back pound for pound and credited towards the UC that I am currently in receipt off.

    In otherwords any amount owed or that could be claimed through carers allowance goes straight in towards Uc which would mean that the weekly benefit of 62 would go towards any amount being paid in UC now.

    It seems very confusion but am I correct or does anyone know how an award for care extra financial support not giving if you are in receipt of UC.


  15. #15
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    Default Re: Carers allowance/ Abuse of process

    It's worth keeping in mind that CA counts as taxable income, and entitles to equivalent NI contributions to be credited towards your pension. I could be wrong, but I don't think that's the case with other state benefits like UC, so if that's the case, you'd still be better off claiming CA even if it came to the same for ?


  16. #16
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance/ Abuse of process

    Quote Originally Posted by Bookworm View Post
    It's worth keeping in mind that CA counts as taxable income, and entitles to equivalent NI contributions to be credited towards your pension. I could be wrong, but I don't think that's the case with other state benefits like UC, so if that's the case, you'd still be better off claiming CA even if it came to the same for ?
    Thanks for that Bookworm it is appreciated.

    The reason UC and service centre have indicated as a reason which seems to be a bit odd is that they are claiming the reason for this is because CA is means tested which CAB says is incorrect and should not be subject to any means test as this payment is an extra payment for the care that my wife needs to give me.

    All very confusion but I know who I would be rather trust in their advice.


  17. #17
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Carers allowance/ Abuse of process

    Quote Originally Posted by Bookworm View Post
    It's worth keeping in mind that CA counts as taxable income, and entitles to equivalent NI contributions to be credited towards your pension. I could be wrong, but I don't think that's the case with other state benefits like UC, so if that's the case, you'd still be better off claiming CA even if it came to the same for ?
    UC have indicated that the carers rate would 151.89 per month.

    However claiming the same benefit and through the Carers allowance would mean that 248 could be claimed per month,obviously that is a difference of 97 per month.

    Are we obliged or do we have to go through UC in oreder to receive CA, or can we go straight to CA for any benfits for care are concerned,



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