[2025] UKUT 026 (AAC)

The general scheme of social security legislation is that the Respondent makes decisions on entitlement to benefits following claims being made by claimants; and, in general, if there is entitlement, it will start from the “date of claim”.

Under regulation 6 of the Social Security (Claims and Payments) Regulations 1987, the general rule is that the date of claim is the date of receipt by the appropriate office of the Respondent. But there are exceptions. One of those is regulation 6(33), which applies to claims for carer’s allowance, and provides that if the carer’s allowance claim is made “within three months of” certain decisions “awarding a qualifying benefit to the disabled person”, then the date of claim is “treated” as the first day of the benefit week in which the award of the qualifying benefit became payable.

Qualifying benefit is defined in regulation 6(22) to mean, in relation to carer’s allowance, any benefit referred to in section 70(2) of the Social Security Contribution and Benefits Act 1992. There is reference there to PIP “by virtue of the entitlement to the daily living component at the standard or enhanced rate”.

Disabled person is also defined in regulation 6(22), to mean the person for whom the carer’s allowance claimant is caring in accordance with section 70(1)(a) of the 1992 Act.

The types of decision (awarding qualifying benefits) specified in regulation 6(33) are (a) decisions made on a claim, (b) decisions made on revision, determination of entitlement or supersession, and (c) decisions made on appeal whether by the FTT, the Upper Tribunal or the court.

Two issues with regard to regulation 6(33) are raised by this appeal: