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PIP, DWP error, motability arrears

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7 years 4 months ago #176215 by joanna
PIP, DWP error, motability arrears was created by joanna
Hi
First time posting sorry if I'm unclear, it's a complicated situation.
Went from DLA to PIP March 2016, originally awarded standard mobility so was given date to hand car back.
After MR I was awarded enhanced BEFORE date I was due to return car. I asked DWP if I needed to contact Motability to let them know and was told, no it would be a smooth transition and they would sort it out with Motability.
I received PIP payment in May and thought it included arrears related to change from DLA to PIP. On June 1st I received payment again which I thought was high so I contacted DWP to check it. Initially informed it was correct. I told them I had a car so was confused by this. Turned out they had not transferred information about car from DLA to PIP, informed Motability that I was receiving enhanced mobility or been paying motability. Had I not called them to question whether my payment was correct goodness knows how long this would have gone on for.
DWP assured me that everything would be sorted out with Motability and my payments would be correct from now on.
My next payments were correct so thought no more of it until a man rang me to get directions to my house to take car away! Called motability who said no payments had been made for several months, that DWP had informed them I was on standard and I was in breach of contract for not returning car on date given for March. Basically DWP hadn't told them I'd been given enhanced at MR or been paying motability. They agreed to call off car collector until DWP had been contacted etc.
Spoke with DWP , they couldn't tell me where the money for motability had gone from last two months and said motability shouldn't be chasing me for arrears etc. They'd get someone to call me back etc etc. After several phone calls to both motability and dwp, raising a complaint with dwp and lots of distress and worry i received a letter from dwp saying that an agreement had been made from 1st June with motability and any mobility payments received by me AFTER 1st June may be recoverable by motability.
Still unclear what this meant for payment received in May and on 1st June and as motability had left a message saying I owed them £639 I called dwp. Was told they had paid motability £459 , motability shouldn't be chasing me for money and it was all sorted now.
Yesterday (7th December 16) I received a letter from motability demanding £639 from me. Called motability who said dwp informed them that I had enhanced rate from 1st June so I had to pay from 16th March to 1st June. Explained I'd been through all of this before and had letter from dwp stating I may have to pay motability any mobility money received after 1st June which I hadn't received any. They said they didn't know what had gone on with dwp so could only go by what dwp had informed them regarding dates. I explained that although I had received mobility money in may I had no idea that I had until I called on 1st June to check my payments, that it was an error committed by dwp , not me and that it should be them who they are chasing.
Called dwp to discuss it with them, knowing fine well I'm going to speak to people who can't actually help me, who will say someone will call me back within 5 days which they never do and possibly receive letters that are not clear in the slightest - computers were down, couldn't access records so advised to call back.
As most people do, I went through lots of distress and worry during pip assessment and MR process which exacerbated my health problems, same in july/august with dwp and motability. I have already been really bad health wise over last 4-5 weeks so very worried about how I can deal with what I thought was sorted again!
Has anyone come across anything similar before? I have searched Internet and forums but come up with nothing. I know I should raise a complaint with dwp and possibly motability but don't think I can physically manage it at the moment let alone mentally. I have tried to find complaints process etc for dwp but can't, I know how to on phone but this doesn't seem to get anywhere. I complained about same issue in July by phone, can I now take it straight independent case examiner?
I am worried about the money, dealing with it and the impact it's all going to have on my health especially at Christmas time.
Thank you for any advice or help you can give.

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7 years 4 months ago - 7 years 4 months ago #176234 by slugsta
Replied by slugsta on topic PIP, DWP error, motability arrears
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

No, we haven't come across this before - it sounds an utter farce! :angry:

I suggest that you get your MP involved to try and get Motability and DWP to sort this out between them.

Contacting your MP

This should also help

Complaining to the DWP

May I also suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions and comments without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic. It helps us enormously - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.

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7 years 4 months ago #176238 by denise
Replied by denise on topic PIP, DWP error, motability arrears
The trouble with the DWP they dont commuincate with each other anymore and we are the one,s suffering for their mistakes.

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7 years 4 months ago #176252 by slugsta
Replied by slugsta on topic PIP, DWP error, motability arrears

denise wrote: The trouble with the DWP they dont commuincate with each other anymore and we are the one,s suffering for their mistakes.


Very true :angry:

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #176262 by denise
Replied by denise on topic PIP, DWP error, motability arrears
i hope you are well MRS H

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7 years 4 months ago #176266 by joanna
Replied by joanna on topic PIP, DWP error, motability arrears
Thanks for reply Mrs Hurtyback.
I did complain back in July but when I got letter from DWP dated I thought it had all been sorted out until I received letter from Motability yesterday.
I've raised a complaint again on telephone again today regarding the error committed by DWP in first place of not informing Motability that I'd been awarded enhanced mobility, paying me the mobility in May and June 1st and not paying Motability without my knowledge. They called me back this afternoon which I was amazed at as they never normally call back within 5 days to tell me they'd spoken to manager in motor department who'd said as I'd knowingly received mobility whilst I had a car in May and June 1st I had to liaise with Motability. I reiterated again that I had not knowingly received anything and believed motability was being paid by DWP at that time and it was me that called them on 1st June to check my payments.
Lady said she'd get a case handler to call me this afternoon as she was out of depth and just a telephony worker! When I complained and asked for call back I thought it was a case handler who'd call me. So I'm back on same Merry go round I was on regarding this in June and July.
Complaint handler just called me. Apparently because it says in first decision letter (before MR) that any contract with Motability will now end because of only being awarded standard mobility that as far as dwp are concerned the motability contract for them has ended regardless of whether enhanced rate is awarded at MR before car is due back. Therefore it is the claimants responsibility to inform the dwp that they still have the car! Nowhere have they said in letters, phonecards anywhere that this is the case. I told them I had the car when I was informed of MR decision when I asked if I needed to contact Motability to let them know new decision and was told no, dwp dealt with that and it just transferred from dla to pip. He said he will listen to phonecall and if I was given misinformation would apologise but I still had to liaise with Motability to pay money back.
When original decision was made I contacted my MP for help as I was worried about losing car and impact it would have on me and she did contact DWP on my behalf. I also appeared on BBC local TV news and Sunday Politics show about my situation and fear of losing my car- the BBC reporter also contacted DWP about my situation.
I asked what their process is if someone is awarded standard mobility but is awarded enhanced before their car is due to go back. Surely I am not the only person who has had decision overturned before car is due back.
I suspect they're just going to keep saying same thing about contract ending with them after first decision and it's my responsibility not theirs.
I feel so fed up and ill about PIP and DWP process yet again , I'm so frustrated and upset by it all

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