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Background
Background
Mrs W’s original carer’s allowance award
The Respondent made a decision to award carer’s allowance to Mrs W from 28 March 2016; this was on the basis that she was caring for her husband (Mr W) who was in receipt of disability living allowance (DLA).
On 30 September 2019 the Respondent made a decision superseding, and ending, Mrs W’s award of carer’s allowance from 7 October 2019, on the ground that Mr W’s DLA award ended on 1 October 2019. In a notice of appeal dated 20 March 2021 (and received on 12 April 2021), Mrs W appealed to the FTT against that decision of the Respondent. On 23 November 2021 (prompted by case management by the FTT), the Respondent decided, upon “mandatory reconsideration”, not to change its decision.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal did not involve an error of law
- Background
- Mr W’s PIP award
- Mrs W’s new claim for carer’s allowance
- The FTT’s case management
- The challenged FTT decision
- The Upper Tribunal proceedings
- Other case management by the Upper Tribunal
- Why I have concluded that there was no material error of law in the challenged FTT decision
- First main issue: should Mrs W’s new carer’s allowance award have been “backdated” to the start of Mr W’s PIP award?
- Was the FTT’s decision on Mr W’s PIP appeal a decision on appeal awarding a qualifying benefit ?
- Was Mrs W’s carer’s allowance claim made “within three months of” the FTT’s decision on Mr W’s PIP appeal?
- Second main issue: did the Respondent undertake “mandatory reconsideration” of its decision on Mrs W’s new carer’s allowance claim?
- Other issues raised by Mrs W
- Conclusions