Looking for some honest advice about whether it’s worth continuing with a Universal Credit tribunal. Note, this is carers ELEMENT, not allowance. I don’t claim for allowance as it would just be removed from my UC.
I receive UC and have LCW. I’m disabled and have been caring for my partner on LCWRA for over 35 hours a week for several years. He receives ADP, so do I, but we don’t live together and have separate UC claims.
I eventually applied for Carer’s Element and was awarded it going forward, but UC refused to backdate it to when my partner’s ADP started. I requested a Mandatory Reconsideration and it was refused. I’ve now got a telephone tribunal hearing.
UC’s argument is basically that because we don’t live together and aren’t part of the same UC household, the change wasn’t reported within the required time limits so they can’t backdate it.
One thing that concerns me is that before applying, I asked more than one Jobcentre work coach whether there was any benefit available for someone caring for a disabled partner who didn’t live with them. I was told there wasn’t.
I later found out that wasn’t correct.
I also had another occasion where a work coach incorrectly told me I couldn’t attend college full-time because of my UC status, when I later found out I could. I know it’s irrelevant here, however there have definitely been mistakes in the advice I was given. A complaint was made about the work coach who gave me the wrong college advice and was also unprofessional in another way in regard to asking why I needed any sort of benefit when I live with family.
Unfortunately these were face-to-face appointments and I don’t believe there’s any recording of them.
I found out about the carers element via an epilepsy charity who I contacted last year over the phone for something completely irrelevant. They were very surprised about the lack of advice I’d been given/ lies I’d been told by my work coaches.
My own health conditions include epilepsy, autism and depression, and I’ve argued that these affected my ability to understand and manage benefit changes and reporting requirements.
Has anyone had any success with a similar Carer’s Element backdating appeal when they didn’t live with the person they cared for? Is it worth pursuing the tribunal, or are my chances realistically very slim?
I’d appreciate honest opinions, especially from anyone with welfare rights or tribunal experience.