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TOPIC: UC decision may be relevent to PIP as well as ESA

UC decision may be relevent to PIP as well as ESA 1 month 2 weeks ago #171127

This recent UC decision orders payment back to for first contact to DWP to report a change of circumstances not the receipt date of a delayed return of a DWP form..

administrativeappeals.decisions.tribunal...px/view.aspx?id=4966

Could it be applied to a late PIP2 perhaps?

bill
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UC decision may be relevent to PIP as well as ESA 1 month 2 weeks ago #171128

  • Gordon
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Bill24chev wrote:
This recent UC decision orders payment back to for first contact to DWP to report a change of circumstances not the receipt date of a delayed return of a DWP form..

administrativeappeals.decisions.tribunal...px/view.aspx?id=4966

Could it be applied to a late PIP2 perhaps?

bill

I assume you mean in connection to PIP not being backdated when DLA was in payment, I'm afraid not. I think there are three issues.

1. This is not setting a new precedent but is rather affirming an existing law.

2. The PIP Transitional Regulations specifically prevent the backdating of a successful PIP Claim in these circumstances.

3. If it did apply then it would apply to all circumstances which would include claimants who received a reduced award or no award at all and would then be liable to a recoverable overpayment of their DLA.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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UC decision may be relevent to PIP as well as ESA 1 month 2 weeks ago #171172

I was thinking more about if there is a gap between DLA stopping and PIP starting if a PIP2 is delayed in being returned.

Eg. DLA stops on date PIP2 should have been returned and PIP awarded some time later when the PIP2 is received,F2F as taken place and a decision to award of PIP made.
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UC decision may be relevent to PIP as well as ESA 1 month 2 weeks ago #171173

  • Gordon
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Bill24chev wrote:
I was thinking more about if there is a gap between DLA stopping and PIP starting if a PIP2 is delayed in being returned.

Eg. DLA stops on date PIP2 should have been returned and PIP awarded some time later when the PIP2 is received,F2F as taken place and a decision to award of PIP made.

I don't see how this would work. The PIP Decision should apply from when the form is received and is treated as a new claim with no DLA in payment.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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