- Posts: 13
Back pay?
- Anon1955
- Topic Author
- Offline
I am currently waiting on a claim for PIP due to increased mobility and care problems due to my MS having "morphed" to Secondary Progressive from Relapsing Remitting.
I am hoping to get enhanced rate for care and mobility.
I applied on Jan 28th.
I am currently receiving DLA mobility component at the lowest rate and nothing for care. I won this award at a Tribunal some 4 years ago.
I can see why I should have it back dated. Dramatic change in condition since before I applied in January.
But I can also see that as I am already in receipt of DLA it is not a "new" claim, therefore back-pay is not awarded.
Can someone please tell me which situation applies?
Thank you.
Steve.
Please Log in or Create an account to join the conversation.
Steve Allen wrote: Can someone help me please?
I am currently waiting on a claim for PIP due to increased mobility and care problems due to my MS having "morphed" to Secondary Progressive from Relapsing Remitting.
I am hoping to get enhanced rate for care and mobility.
I applied on Jan 28th.
I am currently receiving DLA mobility component at the lowest rate and nothing for care. I won this award at a Tribunal some 4 years ago.
I can see why I should have it back dated. Dramatic change in condition since before I applied in January.
But I can also see that as I am already in receipt of DLA it is not a "new" claim, therefore back-pay is not awarded.
Can someone please tell me which situation applies?
Thank you.
Steve.
Hi SA,
Unfortunately, as your claim for PIP was due to a deterioration in your condition, (Change of Circumstances) and you are currently in receipt of DLA, if you do receive an increased award/rate of PIP, any "extra monies" will only be paid from 28 days after the active date of the PIP decision. (Not the date of your PIP application or any time before that)
This is currently being discussed on rightsnet by the WRA's and WRO's :
www.rightsnet.org.uk/forums/viewthread/6464/
bro58
Please Log in or Create an account to join the conversation.
- Anon1955
- Topic Author
- Offline
- Posts: 13
You have confirmed my suspicions although I am a little disappointed.
FYI. I requested a copy of my Consultation report form - PA4
from the DWP last Friday 30th April.
Imagine my surprise when it plopped through the door this morning 04 June.
Do you have any knowledge as to whether the DWP follow the reports as in it I would be awarded Standard rate (8 points) care and Enhanced rate (12 points) mobility, which I would consider as more or less appropriate.
Thanks.
Steve.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51287
Historically the DWP have followed the recommendation on the medical report in the majority of cases, but with PIP still being a relatively new benefit and the there being a marked difference in the criteria and more importantly, how they are defined, from DLA to PIP, it is possible that the DMs will be more circumspect in how they make their awards.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.