Retrospection when caring for your own child

In 2004 the policy intent was clarified and confirmed that Domestic Purposes Benefit - Care of sick or infirm can be paid to a parent who is required to provide full-time care and attention at home to their dependent child who would otherwise need hospital care.

Clients can request retrospective consideration of their entitlement to get Domestic Purposes Benefit - Care of sick or infirm and Supported Living Payment (caring for a person).

Retrospection can be assessed from a date before 2004 if there is an earlier application for benefit.

An earlier application can include:

• a previously declined application for Domestic Purposes Benefit - Care of sick or infirm or Supported Living Payment or
• an application for some other benefit for the same purpose (e.g. an application for Sole Parent Support and there was sufficient information for this to be treated as an application for Supported Living Payment) or
• any verbal application made before 24 September 2007

Where a sole parent was already receiving a benefit, there is no financial advantage in assessing entitlement to Domestic Purposes Benefit - Care of sick or infirm before 1 April 1991. All sole parent benefit rates were the same before this date.

Step 1. The client needs to complete a Carer Statement [no link find out why] . This statement requires the following information:

• the level and type of care provided, the hours of care and details of any additional care provided by any other person or organisation, including care provided during attendance at an early education facility or a primary/secondary school
• an indication from the client where they would like MSD to obtain the medical information required to determine entitlement from:
  • existing MSD records
  • existing medical assessments that the client can provide
  • a medical certificate that the client will provide or
  • a medical certificate that MSD will obtain

And where appropriate:

• consent from the client (or from the child if they are now an independent adult), to contact the child's health practitioner/specialist - to confirm eligibility for retrospective entitlement to Domestic Purposes Benefit - Care of sick or infirm and Supported Living Payment) and
• details of the health practitioner or specialist MSD can contact to request a medical certificate

Step 2. MSD should review the information obtained. When MSD records, or existing medical assessments provided by the client are inadequate MSD will need to discuss with the client how additional medical certificates can be obtained. The client can choose to obtain an additional medical certificate themselves or request MSD to obtain a certificate from their health practitioner or specialist. MSD may like to consult the regional solicitor at this point to discuss the level of information MSD has about the date of possible application and medical evidence.

If the client requests that MSD obtains a medical certificate on their behalf MSD must contact and advise the medical practice that they will be sending a medical certificate form for completion by the health practitioner or specialist. Inform the medical practice that MSD can pay the fee for this professional service.

MSD should also advise the medical practice that this process has been developed specifically to assist those clients who are requesting retrospective entitlement to Domestic Purposes Benefit - Care of sick or infirm and/or Supported Living Payment because they were caring for their own child.

Step 3. When MSD has investigated the application for Domestic Purposes Benefit - Care of sick or infirm and/ or Supported Living Payment and obtained sufficient information to make a decision, MSD must contact Helpline to discuss entitlement.

Step 4. When a decision has been made to grant retrospective entitlement, Helpline will process the application and contact the client.

When the decision has been made to decline the retrospective application for Domestic Purposes Benefit - Care of sick or infirm and/ or Supported Living Payment MSD should process this decision in the normal manner, advise the client and provide review and appeal rights.

A client is getting Sole Parent Support and Child Disability Allowance for their child. They have recently applied and been granted Supported Living Payment for their child and have asked that this be backdated from the date they were first getting a benefit. The client asks MSD to use the medical information already held about the child's condition to determine eligibility to Supported Living Payment.

There is medical evidence that the child has a disability from the first Child Disability Allowance certificate. However, it is not clear how severe their disability was at that time or whether the child required full time care and attention at home and would otherwise have required hospital care.

The information MSD currently holds is insufficient to make a decision on eligibility to Supported Living Payment. The client asks MSD to obtain a medical certificate from the child's registered medical practitioner.

The registered medical practitioner confirms that the child was severely disabled from that time and required full-time care and attention at home and would otherwise have required hospital care. This evidence, in conjunction with the client's statement, is sufficient to approve Supported Living Payment from that earlier date.