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Are Reviews of PIP backdated?
- mike
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6 years 7 months ago #217952 by mike
Are Reviews of PIP backdated? was created by mike
I have just been awarded an increase in my Mobility part following a review of my existing claim. When I was initially awarded PIP, the payment was backdated to the date of my application for it.
However, the review that has just increased my mobility payment from standard to enhanced has not been backdated at all. I submitted their review form that they sent to me almost 6 months ago and the face to face assessment for the review was 9 weeks ago. Surely any increase in benefit should have been backdated to the time I submitted the review form - or at least, to the date of their face to face that I had to attend?
I have been unable to find any info on this either on this site of the wider Net. Any answer to this will be appreciated. Thanks.
However, the review that has just increased my mobility payment from standard to enhanced has not been backdated at all. I submitted their review form that they sent to me almost 6 months ago and the face to face assessment for the review was 9 weeks ago. Surely any increase in benefit should have been backdated to the time I submitted the review form - or at least, to the date of their face to face that I had to attend?
I have been unable to find any info on this either on this site of the wider Net. Any answer to this will be appreciated. Thanks.
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- Gordon
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6 years 7 months ago #217959 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Are Reviews of PIP backdated?
Mike
The general principle is, if the DWP has initiated the review then the Decision applies from the date that it is made if the claimant reports a change then it should apply from the date that the DWP were notified, both are subject to the claimant having suffered from the limitations for three months.
You can try requesting an MR to have the Applicable Date revised to when you sent in your form but I think the DWP will take the view that if the change was significant then you should have reported it.
Gordon
The general principle is, if the DWP has initiated the review then the Decision applies from the date that it is made if the claimant reports a change then it should apply from the date that the DWP were notified, both are subject to the claimant having suffered from the limitations for three months.
You can try requesting an MR to have the Applicable Date revised to when you sent in your form but I think the DWP will take the view that if the change was significant then you should have reported it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- maria
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6 years 7 months ago #217969 by maria
Replied by maria on topic Are Reviews of PIP backdated?
If your response to Mike question is as stated has this theory been challenged. I am surely not the only person who should have applied for PIP following years on an indefinate award of DLA (high mobility for 20 or more years ) but knew that my needs have changed significantly and would now also receive the care component as well but was too scared to do so because of the physiacl and emotional impact on my health by going through the process.
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- Gordon
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6 years 7 months ago #217978 by Gordon
It's not a "theory", It is defined in law, however, DMs do have some latitude if they choose to exercise it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Are Reviews of PIP backdated?
maria wrote: If your response to Mike question is as stated has this theory been challenged. I am surely not the only person who should have applied for PIP following years on an indefinate award of DLA (high mobility for 20 or more years ) but knew that my needs have changed significantly and would now also receive the care component as well but was too scared to do so because of the physiacl and emotional impact on my health by going through the process.
It's not a "theory", It is defined in law, however, DMs do have some latitude if they choose to exercise it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- maria
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6 years 7 months ago #217981 by maria
Replied by maria on topic Are Reviews of PIP backdated?
Are you awareof this being carried out and if so do you have any stats?
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- Gordon
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6 years 7 months ago - 6 years 7 months ago #217986 by Gordon
It is extremely rare for a DM to use another date other than the one on which the Decision was made, I can't remember the last time someone reported it happening on the forum.
Spcifically for the transfer from DLA to PIP, the law does not allow any backdating to occur.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Are Reviews of PIP backdated?
maria wrote: Are you awareof this being carried out and if so do you have any stats?
It is extremely rare for a DM to use another date other than the one on which the Decision was made, I can't remember the last time someone reported it happening on the forum.
Spcifically for the transfer from DLA to PIP, the law does not allow any backdating to occur.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 7 months ago by Gordon.
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