DLA Change in Circumsatnces - treated as PIP claim

Hi

A client contacted us yesterday - back in January she requested a change in circumstances in relation to her daughter's DLA claim. The request was treated as a claim for PIP.

The DWP have assessed the PIP claim and awarded Enhanced Care & Mobility with effect from 24/12/2014.

They have stated that as the DLA low care has continued in payment until now there will be no back dated award of PIP. Surely this is not right - it is our view that any payment of DLA should be offset against any PIP award entitlement.

If someone is found fit for work under ESA and appeals - they sign on for JSA - win their appeal and any JSA paid is offset against any arrears of ESA due. We feel that the same should apply in this DLA/PIP case. The mother has been unable to work since January and cannot claim Carers Allowance until 24/12/14

Is there grounds for appeal?

Many thanks.

Hi,

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I am afraid that this is one of the anomalies with PIP Legislation pertaining to DLA recipients changing over to PIP.

In that, if the transfer is due to a report of a deterioration/Change in Circumstances,(C in C) and as a result, a higher award of PIP is made, that the higher PIP award is only payable from 4 weeks after the date of the PIP decision.

Hence, there will be no arrears/back payment owed from the date of reporting the C in C.

Exactly this scenario has been discussed on rightsnet : Here.

bro58