Backdating of disabled child addition

The client claimed UC in 2021. His young daughter was already getting DLA care at the highest rate at this time, but for some reason she was recorded on his UC claim as getting PIP, presumably at the standard rate, as he has been getting the lower rate disabled child addition for the duration of his UC claim.

When I discovered this a month or so ago, I suggested that he dealt with the discrepancy by reporting a change of circumstances, dating back to when his UC claim started. (I realise that in the strictest sense there hadn’t been a change of circumstances, rather that he was correcting a pre-existing error, but thought this was the simplest way of fixing things. He did also put a note in his journal explaining what he had done and why.)

UC are now giving the client the disabled child addition at the higher rate, but have asked him to give a good reason for not reporting the change earlier before they forward his case to a decision maker to approve (or otherwise) a backdated payment.

Grateful for thoughts about the best way of proceeding.

Looking at current version of the UC claim form - I don’t think it actually asks you what rate of DLA or PIP is in payment for the child - just to confirm they are receiving the benefit at any rate (maybe it does ask a branching question once you’ve input the relevant benefit so don’t quote me on this).

From the question that has been asked, it seems like they’re only looking at a late notification which will limit any arrears owed. I’m interested in whether it could be official error and arrears due from the outset.

I’d be asking the client what they think they would have put on the claim form. Appreciate they won’t be able to remember but if they’ve got good insight into the benefit claims and think they would have responded correctly if asked, I’d be minded to tell UC exactly that and see what comes back. Of course you may also want to throw any potential good cause for lateness in there as well if applicable in case the above isn’t relevant.

In the end we hedged our bets by asking for an any time revision under Regulation 12 of the UC, PIP, JSA and ESA (D & A) Regs or, if UC viewed it as a supersession, backdating under Schedule 1, paragraph 31 of the same Regs.

It seems to have worked as we have a positive decision - I think it has been viewed as a supersession.