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Back pay DLA to PIP
- Paul
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7 years 2 months ago #179471 by Paul
Back pay DLA to PIP was created by Paul
Hi when transfering from DLA to PIP I have renewed higher mobility and been awarded higher living allowance , which I had never recieved before. I am now told that there is no backdated payment for this. And that my PIP would not be payed untill 4 weeks after the 15 Feb 2017 ..This seem very unfair. Any advice please
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- slugsta
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7 years 2 months ago - 7 years 2 months ago #179484 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Back pay DLA to PIP
Hi Paul,
I'm very glad that you have a satisfactory PIP award. I'm afraid that what you have been told is correct, this is the way the legislation was enacted.
I'm very glad that you have a satisfactory PIP award. I'm afraid that what you have been told is correct, this is the way the legislation was enacted.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by slugsta.
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- ilikeducks
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6 years 11 months ago #189280 by ilikeducks
Replied by ilikeducks on topic Back pay DLA to PIP
Hi, Would you know where, preferably specifically, I can find the legislation on this, as I have been told by the dept that they can't pay pip till a month after the decision date. I don't mean just in arrears. e.g. decision 1st May, payment 4 week in arrears around 26th June. As far as I'm concerned best would be 4 week in arrears from the date I was forced to make the claim. Worst would be 4week in arrears from decision date. So if claim was 1st March and decision 1st May. I feel 4wk money should be paid on 29th March, or at worst 29th May. Not June
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- Gordon
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6 years 11 months ago #189288 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Back pay DLA to PIP
ilikeducks
It's defined in the PIP (Transitional Provisions) Regulations 2013
www.legislation.gov.uk/uksi/2013/387/contents/made
and in particular Regulation 17
In summary the rules are
- the DLA claim remains in payment for a further 28 days
- the PIP Decision applies from the day after the DLA ends
- there is no backdating if the award is higher under PIP nor is there any recovery of DLA if it is lower.
Both DLA and PIP are paid in arrears, usually four weeks in arrears, although some claimants had their DLA paid three weeks in arrears and one week in advance.
Feel free to argue your case with the DWP but do not expect to be successful, this has been challenged at the UTT and the legislation has been upheld.
Gordon
It's defined in the PIP (Transitional Provisions) Regulations 2013
www.legislation.gov.uk/uksi/2013/387/contents/made
and in particular Regulation 17
In summary the rules are
- the DLA claim remains in payment for a further 28 days
- the PIP Decision applies from the day after the DLA ends
- there is no backdating if the award is higher under PIP nor is there any recovery of DLA if it is lower.
Both DLA and PIP are paid in arrears, usually four weeks in arrears, although some claimants had their DLA paid three weeks in arrears and one week in advance.
Feel free to argue your case with the DWP but do not expect to be successful, this has been challenged at the UTT and the legislation has been upheld.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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