[2025] UKUT 026 (AAC)

Between:

PW

Appellant

- v -

Secretary of State for Work and Pensions

Respondent

Before: Upper Tribunal Judge Citron

Hearing dates: 13 January 2025

Hearing venue: Field House, Breams Buildings, London EC4

Representation:

Appellant: by her husband; neither he nor the Appellant attended the hearing

Respondent: by Paul Skinner of counsel, instructed by Government Legal Department

On appeal from

Tribunal: First-Tier Tribunal (Social Entitlement Chamber)

Tribunal Case No: SC242/21/01136

Tribunal Venue: Fox Court, London

Decision Date: 11 October 2022

SUMMARY OF DECISION

[CARER’S ALLOWANCE (50.1)]

This case concerns a “backdating” rule in carer’s allowance claims: regulation 6(33) of the Social Security (Claims and Payments) Regulations 1987. The regulation applies where the person being cared for has been awarded a qualifying benefit (by the Respondent, or by the FTT on appeal) and, within 3 months of that, the claimant makes a claim for carer’s allowance. The allowance is then backdated to when the qualifying benefit starts. In this case, the person being cared for had been awarded a qualifying benefit (PIP daily living) by the Respondent, but appealed that decision to the FTT. The claimant then claimed carer’s allowance 11 days before the FTT decision was made, allowing the appeal, and improving the PIP award. The Upper Tribunal decides that although the FTT decision did award a qualifying benefit, the carer’s allowance claim had to be made in the 3 month window starting with the FTT decision – and a claim made 11 days before the FTT decision fell outside this. The appeal was dismissed.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION