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Mrs W’s new claim for carer’s allowance
Mrs W’s new claim for carer’s allowance
On 12 July 2021, the Department for Work and Pensions received a new claim for carer’s allowance from Mrs W, to start from 1 October 2019.
On 4 October 2021, the Respondent notified Mrs W of its decision to award her carer’s allowance from 19 April 2021 (it seems the decision was taken a few days earlier, on 30 September 2021). On 22 October 2021, Mrs W requested “mandatory consideration” by the Respondent of this decision.
On 23 November 2021, the Respondent gave Mrs W notice of its “mandatory reconsideration” of its decision on Mrs W’s carer’s allowance claim, stating it had not changed the decision. The first line of the letter refers to a decision dated 30 September 2019 regarding Mrs W’s claim to carer’s allowance.
On 16 December 2021, Mrs W appealed to the FTT against the Respondent’s decision on her new carer’s allowance claim.
- 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