PIP review outcome all over the place

Hi everyone,

I received my letter from the DWP regarding the outcome of my PIP review. There were two letters there on the doorstep for me. One with the report, and one saying 'further information needed'.

The report stated that a paper assessment review had been made and the assessor can extend my PIP until December 2021, and they will contact me in December 2020 to assess my award. I was so confused and upset, what on earth are these dates? December 2020 was last year! Why would they put a date that has gone already in the report?

Then the other letter was also from the DWP saying they can't make a decision on my case until I had provided them with further information. They wanted me to reply in a form as to why I hadn't informed then I was in Prison back in 2018 and the dates I was incarcerated.

I started to panic for multiple reasons:

Why has a decision been made but the other letter says they can't make a decision until they have further information.
Why are the dates so wrong on the report.
Why are they asking me for information about when I was in Prison when they were notified I was in Prison back in 2018.

I looked online and basically came to a page where it stated that this could be a prelude to a fraud investigation.

So you can imagine I was crying my eyes out as I have depression, anxiety, OCD, autism and IBS and cannot deal with any change and I have not committed fraud. I knew I had informed the DWP I was in Prison back in 2018 because my ESA benefits were stopped and I had to claim UC once I was released. I didn't realise PIP should stop because I was under the impression they would have stopped it when they were told I was in Prison.

I spent 40 minutes on hold to the DWP PIP enquiry team and just as I got through the phone call disconnected.

I rung again and spent an hour on hold and got through to a lovely advisor and I unfortunately started crying with stress, but she promised she would sort this all out for me.

She checked the records and explained to me that the end date on my report was wrong and it should say that the award will end in December 2026, with a review in September 2025. I felt very relieved, as I have been awarded PIP for another 4/5 years. I am looking at the report now and isn't September 2025 an odd month? Surely it should be December 2025? Anyway, the advisor said a new report would be sent out. I find it really odd how the advisor knew the correct date as the report said 2021. She had to ring a case manager to find the correct end date, I am not sure where else other than the report I got given the award date is saved.

Good news I guess, 5 years or so award?

I then enquired about the letter asking for more information about when I was in Prison. I explained I was very worried about this letter and was confused as it said we cannot make a decision about your PIP claim until we receive this info, but they had already made an award? The advisor said that the outcome of this information I provide will not affect the decision made by the assessor, but that I might have to pay back the money I received whilst I was in Prison, or be investigated for fraud. I started sobbing.

I explained when I was in Prison back in 2018 a DWP staff member makes an appointment with every prisoner, (including me), asking for benefit details so they can pass this information on. I gave all the info saying I was on ESA and PIP. My ESA was stopped, but my PIP continued, I thought because it wasn't affected being on remand in Prison, but I subsequently understand that it is affected from today's telephone call.

The lady said she would send off to the department who investigates all of the info I provided and I would have to sit and wait to find out the outcome - either no further action, investigation for fraud or just have to repay back the money I received.

I started crying and felt suicidal and very emotional. The advisor said she would contact a senior colleague. When she got back to me she said the Prison should have informed the DWP, (all benefits teams), that I was in custody and my benefits should have stopped. As this didn't happen, she said that her senior colleague said it was a DWP error and that they were going to send off a letter to the team dealing with the investigations to say it was a DWP clerical error and that I won't have to pay any money back and that I didn't need to fill in the form and provide the information. I asked for a letter to be sent out to confirm this but the advisor said she couldn't do this, but that the call was recorded as proof that I won't have to pay this money back.

I have put in a subject access request for the telephone call as I don't trust the DWP. The advisor was very kind and helpful, and went above and beyond, but I wouldn't put it past the DWP to continue to investigate me or request the money by accident. I hope the telephone call was recorded as the advisor said.

Does anyone have any further advice on what to do? I think I have done everything possible to resolve this situation? I feel very scared and frightened as I did not commit fraud. The DWP were informed and I did everything possible to tell them of the change of circumstances.

I feel exhausted, upset, confused, suicidal and don't know what to do.

Mum said to me to write down what was said on the telephone call, keep a log of the call and request the phone call and that's all I can do. She also said that it was great news that PIP was extended for 5 years and that should be the take home message.

Sorry for the long winded post.

Thanks all.

Dear Alex, I'm not a Mod and don't have the experience to really answer all the technical side of your questions. But I just wanted as soon as I read your post to tell you everyone out here who reads your post me included, will be sending you all our good wishes/vibes/concern, please do not let that crazy DWP get you down with their idiotic letters. Thank God you got some kindly help on the phone in the end. And I see one of the Mods has replied while I have been typing too. If the dark thoughts get bad again please please reach out to Samaritans, your Mum, other mental health helplines and don't hurt yourself. All this really is going to get sorted as far as I can see, though it may take a little time, hang on in there. Sending hugs, Denby

LL26 wrote: Hi Alex,
I'm sorry to hear that you have had a lot of difficulties trying to sort out your PIP and potential overpayment.

I think you have managed to cope with everything in a proper way, even though this has clearly been a difficult time for you.

Just to answer a few points. DWP letters are often confusing, and at times be like buses and you get several at once!

Being in prison, and also longer stays in hospital or care homes can all affect entitlement to benefit, so this is correct. Any money that is paid to you over the amount allowed by law is an overpayment and the starting point is that it will be repayable by the claimant. However, if the overpayment was caused by 'official error' then you wouldn't have to repay.

It very much sounds like the information about you being in prison has finally filtered though to the PIP team. Obviously this would be entered on the computer which would flag up the overpayment.

I suspect that if you look at the address on the overpayment letter is it different to the award letter. My experience with overpayment is that a letter is generated as soon as this is flagged up on the computer. Unfortunately the overpayment letters are often aggressive in tone and automatically assume the claimant is not only at fault, but is probably being fraudulent. I can easily believe that you would be very distressed receiving such a letter.

Back to 'official error' if DWP pay more money than allowed and were aware of the facts then the overpayment is not recoverable from the claimant. The prison DWP scheme hasn't worked as it should. As far as you were aware you had supplied your information and it would be passed on to whichever team needed to know. You were also told you didn't need to do anything. At this point there is no further duty on you to do anything and you can properly assume DWP would redo their payments.This hasn't happened and there is no blame on you.

The PIP phone advisor has stated that the overpayment can not be recovered. You should normally receive a letter informing you of this, so I don't know why none is being sent. I understand your worries given the mistakes that DWP have made, and the SAR print outs will hopefully confirm that you do not have to repay money. This may take a little time to arrive.

It is always a good idea to make a note of the date/time of amy call to DWP, (or any official conversation with anyone) and take down the advisor's name. Also make a note of the conversation, including important dates, numbers and action points for you or another. Keep your notes safe, I really hope that you won't ever need to refer to these again, but put them in a folder in the cupboard, and then you will have these just in case! If you remain very worried about this, you could write to DWP for written confirmation that nothing needs to be repaid. This might cause a letter to be sent!

On a positive note, I am glad that you are beginning to rebuild your life. Your 5 year PIP award is fantastic news. Well done.

All the best.
LL26

Hi LL26, thank you so much for your reply, it really means a lot. The letter did have a different address on, yes. It said though in the evidence I provided for the review a letter from my nurse that I attached stated I had been in prison back in 2018 and the DWP were not aware of this. I would argue the fact I am attaching this information would show that I was definitely under the impression they had been informed, and had nothing to hide? It's not an overpayment letter as such, it's asking me for the dates I was in Prison, but I know now from the telephone call that it was because I shouldn't have been continued to receive the payments.

Thank you so much for all the advice. I will definitely keep a print out and put in a folder. I also too really hope I don't have to refer to them in the future as I've done nothing wrong and the advisor said today it won't be recoverable. So fingers crossed!

Thank you. I have made so many changes since coming out of Prison and my life is back on track, but this caused me to get very emotional.

Cheers.

Thank you denby for your kind comments, it really means a lot. Thank you to you and the mods for answering.