The challenged FTT decision
The challenged FTT decision
The FTT’s decision notice confirmed the Respondent’s decision of 30 September 2021 (on Mrs W’s new carer’s allowance claim) and stated that Mrs W was not entitled to carer’s allowance from 7 October 2019 to 18 April 2021. Under the heading “Summary of reasons”, the FTT’s notice stated that as Mrs W’s new carer’s allowance claim was received by the Respondent more than 3 months after the date Mr W was awarded PIP, the claim was backdated by 3 months; but it “could not be backdated to the date that the qualifying benefit (PIP) was put into payment…because for that to happen, the CA claim must have been made within 3 months of the date of that qualifying benefit being awarded. It was awarded on 19.5.20 and the CA claim was only received by the DWP on 12.7.21.”
The FTT’s statement of reasons stated that the decision of the Respondent being appealed was that of 30 September 2019 (the decision to supersede, and end, Mrs W’s original carer’s allowance award from 7 October 2019): see paragraph 3.
The statement of reasons concluded as follows, at paragraph 15: the decision of the Respondent (to supersede, and end, Mrs W’s award of carer’s allowance from 7 October 2019) was correct: there was no qualifying benefit in place; and when a qualifying benefit was in place, no claim for carer’s allowance was made until 12 July 2021, which was not within three months of the date the qualifying benefit was awarded – and so the carer’s allowance could not start at the same date that the qualifying benefit started to be paid (15 November 2019).
- 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
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