PW v Secretary of State for Work and Pensions: [2025] UKUT 026 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 22 January 2025
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Judicial Summary
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 First-tier Tribunal (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.