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DWP cut DLA benefit, even though No PIP awarded
- ainesse
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7 years 1 month ago #183050 by ainesse
DWP cut DLA benefit, even though No PIP awarded was created by ainesse
When I received my letter from DWP stating that my Mandatory Reconsideration had been unsuccessful, under the emboldened heading
"How this decision will change your other disability benefits"
they stated
"Now we've made our decision about your PIP claim, this means your Disability Living Allowance
(DLA) will end on 31 January 2017.
This is because by law we can only start to pay you PIP 4 weeks after this decision has been made"
As IN FACT of course they havent awarded me any PIP Would it be correct of me to contact them and point this out ? i.e. the contradictory nature of their letter ??
By the way having 'failed' my MR - I am now going towards a Court Appeal, I have read on this website that one is not entitled to any payment whilst awaiting a court appeal and
outcome. I was unsure as to how old that information was
and so as a member of B+W
I though I would ask to just find out for sure what my position is.
thank you
"How this decision will change your other disability benefits"
they stated
"Now we've made our decision about your PIP claim, this means your Disability Living Allowance
(DLA) will end on 31 January 2017.
This is because by law we can only start to pay you PIP 4 weeks after this decision has been made"
As IN FACT of course they havent awarded me any PIP Would it be correct of me to contact them and point this out ? i.e. the contradictory nature of their letter ??
By the way having 'failed' my MR - I am now going towards a Court Appeal, I have read on this website that one is not entitled to any payment whilst awaiting a court appeal and
outcome. I was unsure as to how old that information was
and so as a member of B+W
I though I would ask to just find out for sure what my position is.
thank you
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- Gordon
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7 years 1 month ago #183093 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP cut DLA benefit, even though No PIP awarded
ainesse
Unless an award is in place, which appears not to be the case, then there are no payments during the PIP appeal process unless you are in N. Ireland.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Unless an award is in place, which appears not to be the case, then there are no payments during the PIP appeal process unless you are in N. Ireland.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- soxie
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7 years 1 month ago #183098 by soxie
Replied by soxie on topic DWP cut DLA benefit, even though No PIP awarded
Actually I have the same question I was awarded dla till end of march 2017 but I had a letter saying it would end 31 dec 2016 as pip cannot be paid as well but I was not awarded pip!
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