Carers Allowance - over earnings limit

Hello

My husband has claimed carers allowance for me and asked for it to be backdated (I am receipt of PIP, so am eligible). We have received a letter stating that they won't backdate the claim as he earned over the limit during this period. This is true, but over the course of a tax year, it averages out to be less than the £120? weekly earnings limit. His hours vary week to week. So my question is, will they reconsider the award if we phone and mention that as an average he earns less than the weekly limit? I'm sure we mentioned this in the application but it has not been referred to in the letter.

Hello

My husband called the carers unit today. He was told that they would not average out his earnings as they did not understand the fact that he is a casual worker and not classed as an employee and that his earnings fluctuated. They are basing their decision on the fact that he sent in monthly payslips which in some months were over the weekly threshold. However, over a financial year, his earnings are below the weekly threshold.

The adviser told him that his application was closed and if he disagreed he should reapply from scratch! Wrong advice surely?

So, having been told over the phone that they will not reconsider the decision and that his application is 'closed', do we now write to them with further evidence of his employment status (which we have and is very clear) and class this as a 'Mandatory Reconsideration' or will it still be a letter of appeal at this stage?

Thank you.