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PIP Back Pay for Care Award
- scoobydoo
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6 years 2 months ago #225117 by scoobydoo
PIP Back Pay for Care Award was created by scoobydoo
Apologises if this has been covered before but I feel too ill to look at lots of stuff on line.
I hope someone can help. I have been in receipt of PIP mobility only. After 10 long months of waiting for a decision on my PIP renewal (form was received and sent back last April 2018), they have agreed to continue supporting my mobility award but have also now added a Care Award.
The letter confirming this decision and outlining what my new payments will be mentioned nothing about receiving back pay for the Care Award.
Is it correct that the decision is based on the information provided back in April 2018 and therefore back pay is due from that date?
They cancelled my face to face assessment at home 3 times (once without even telling me, by the way), and then there was a further delay on making the decision for reasons unknown to me.
Should I be concerned that they did not mention back pay for the newly awarded Care in my letter of confirmation? I mean, if they only award it to you from the date of the decision, then it seems to be in their favour to delay assessments and decision-making...
Any reassurances greatly received, and do I need to take action? I hope not because I feel even worse now than back in April 2018 due to the whole uncertainty and stress of the lengthy process.
Thank you in advance
I hope someone can help. I have been in receipt of PIP mobility only. After 10 long months of waiting for a decision on my PIP renewal (form was received and sent back last April 2018), they have agreed to continue supporting my mobility award but have also now added a Care Award.
The letter confirming this decision and outlining what my new payments will be mentioned nothing about receiving back pay for the Care Award.
Is it correct that the decision is based on the information provided back in April 2018 and therefore back pay is due from that date?
They cancelled my face to face assessment at home 3 times (once without even telling me, by the way), and then there was a further delay on making the decision for reasons unknown to me.
Should I be concerned that they did not mention back pay for the newly awarded Care in my letter of confirmation? I mean, if they only award it to you from the date of the decision, then it seems to be in their favour to delay assessments and decision-making...
Any reassurances greatly received, and do I need to take action? I hope not because I feel even worse now than back in April 2018 due to the whole uncertainty and stress of the lengthy process.
Thank you in advance
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- Gordon
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6 years 2 months ago #225128 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Back Pay for Care Award
Suriving Soul
Many congratulations on the increased award, well done.
I'm afraid it is standard practice where the DWP initiate the reassessment for the Decision to only apply from the date that it is made with no backdating.
When was the assessment actually carried out?
Gordon
Tags: @RESULT @PIP
Many congratulations on the increased award, well done.
I'm afraid it is standard practice where the DWP initiate the reassessment for the Decision to only apply from the date that it is made with no backdating.
When was the assessment actually carried out?
Gordon
Tags: @RESULT @PIP
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- scoobydoo
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6 years 2 months ago #226425 by scoobydoo
Replied by scoobydoo on topic PIP Back Pay for Care Award
Hi Gordon
Thank you for swift reply.
They finally came to the house for a face to face assessment on 30 October 2018 after cancelling the appointment three times. It was originally due on 10 July 2018 when they didn't bother to tell me it had been cancelled and I spent a very fretful morning waiting for them to turn up. It was then cancelled a further two times. If it had taken place in July, then I would have had a decision by September 2018 (if their 8 week rule applies). Which means that they have managed to wiggle out paying me CARE for at least 5 months.
Surely this cannot be true? The form and evidence submitted stands true as of April 2018 when I had to apply to renew? Have they changed the rules because last time I received backpay.
Thank you for your assistance, and yes, I'm relieved to have received care which is so sorely needed. But honestly, this rule seems to be an incentive for DELAYING the decision-making process...
Thank you for swift reply.
They finally came to the house for a face to face assessment on 30 October 2018 after cancelling the appointment three times. It was originally due on 10 July 2018 when they didn't bother to tell me it had been cancelled and I spent a very fretful morning waiting for them to turn up. It was then cancelled a further two times. If it had taken place in July, then I would have had a decision by September 2018 (if their 8 week rule applies). Which means that they have managed to wiggle out paying me CARE for at least 5 months.
Surely this cannot be true? The form and evidence submitted stands true as of April 2018 when I had to apply to renew? Have they changed the rules because last time I received backpay.
Thank you for your assistance, and yes, I'm relieved to have received care which is so sorely needed. But honestly, this rule seems to be an incentive for DELAYING the decision-making process...
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- Gordon
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6 years 2 months ago #226432 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Back Pay for Care Award
Suriving Soul
The rules, which have not changed, are that if the assessment is initiated by the DWP then the Decision will apply from the date that it is made, although the DM does have the discretion to choose another date if the law requires it or there is compelling evidence to support another date.
If the claimant initiates the assessment due to a Change of circumstances then, subject to the law, the Decision should apply from the date that the DWP are notified.
I think you have an argument for the claim to be backdated to the date of the assessment, the Decision Maker has two choices of evidence before them, yours and the assessment report, they have to take, one of these or a combination of the two must be the basis for their Decision, so you can argue that the as there is no evidence (I assume this is the case) that post-dates the assessment, you must have met the criteria for your award at the time of the assessment.
However, your only way forward on this is to request an MR of the Decision and whilst it is unlikely to happen, you do need to be aware that the DWP will re-make the Decision in full and this does offer an opportunity to change the points awarded.
Gordon
The rules, which have not changed, are that if the assessment is initiated by the DWP then the Decision will apply from the date that it is made, although the DM does have the discretion to choose another date if the law requires it or there is compelling evidence to support another date.
If the claimant initiates the assessment due to a Change of circumstances then, subject to the law, the Decision should apply from the date that the DWP are notified.
I think you have an argument for the claim to be backdated to the date of the assessment, the Decision Maker has two choices of evidence before them, yours and the assessment report, they have to take, one of these or a combination of the two must be the basis for their Decision, so you can argue that the as there is no evidence (I assume this is the case) that post-dates the assessment, you must have met the criteria for your award at the time of the assessment.
However, your only way forward on this is to request an MR of the Decision and whilst it is unlikely to happen, you do need to be aware that the DWP will re-make the Decision in full and this does offer an opportunity to change the points awarded.
Gordon
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