Arrears of Carer Element and reg 38(5)

Hello, does anyone know whether the SoS has prescribed ‘any particular way’ that changes in circs are to be notified as provided for by reg 38(5) of the UC etc. Claims and Payments regs 2013?

We have a case where client notified DWP of her award of PIP looking for carer element to be added in UC. She put a note on her journal and was advised to go to home page, report a change, caring for someone etc.

DWP only added the carer element from the date client did this several months later. She has signif mental health problems and could not manage this.

DWP are refusing to backdate, arguing that client has been late in notifying them of the change in circs. We are arguing that she notified them as required. Evidence of notification is contained within the appeal papers.

Our question is, have separate regs been laid, or methods approved by SoS, specifying the way in which changes in circs for UC need to be notified, ie, go to account, home page etc.?

I’ve also noticed para 2 (6) to schedule 2 of the regulations re, electronic communication,

(6) Where the person uses any method other than the method approved by the Secretary of State of submitting any claim or information, it is to be treated as not having been submitted.

I’m working from Vol 111 Sweet and Maxwell 2018/19 and there is no commentary to the regulation or schedule.

Comments welcome



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