PIP review outcome all over the place

Hi all, I just wanted to give an update. Firstly, I am so sorry for how long my original message was and I feel guilty for getting so distressed, but it all was really confusing. Thanks for all the support Benefits & Work mods and members.

I rung the DWP this morning on the dot at 9am expecting a long hold time - I got straight through! Spoke to an advisor who said that my PIP award definitely ends December 2021. After five mins of her understanding my confusion when they said it was a five year award last week, she finally found and confirmed again, yes it is a five year award.

I asked why I had received an award review letter just after having another review and the advisor said I needed to speak to a case manager. She rung through twice and had no answer. She stated that the DWP policy is to ring three times. I thought I would get a call back rather than her getting through, but she got through!

Case manager apologised and stated she would be taking ownership of this situation. She stated that no updated letter had been sent out to reflect the five year award like promised last week, (surprise surprise), and put me on hold and spoke directly to her colleague who assessed my award. He promised he would update the letter, but the CM on the phone stated that she will update it personally if her colleague doesn't. The dates of award have changed again! Now awarded PIP for 6 years, with a review 5 years in. I thought a 5 year award was a review after 4 years, but she said that's not true.

Can anyone clarify that point?

Anyway, great news. Confirmed by case manager which gives me a lot of confidence that PIP has been awarded until February 2027, with a review from February 2026. (Wouldn't surprise me if the letter said other dates, should I ring if it does?)

The letter about asking for more information when I was about Prison was discussed and she couldn't guarantee that I wouldn't have to pay back the money - but I pointed out the other advisor said I wouldn't have to. She said it's clear it was the DWP's fault and that she will again re-iterate that the DWP were told but didn't action and their guidelines state they cannot recover PIP if it was their mistake, (but they can for UC) - I don't understand that. Can anyone clear that up for me? The CM said I was very forthcoming with info and she thanked me for that.

So overall, very pleased and got there in the end. If I do receive a letter asking for money to be repaid, then I will dispute it because they knew I was in Prison as my ESA stopped and they have said on telephone calls it is their fault - plus the overpayment document they have online from the DWP state they can't recover the money if it was their error - which I think it clearly is.

Thank you again all.

Wow! Sorry I am speechless about the attitude of your MP! They are elected members by the public and are accountable for Government associated decisions... I would point this out!

Gary wrote: Hi Alex

Thank you for your post, it will encourage other members to follow what you have done and not to be put off.

A review used to be sent to claimants one year before their claim ended, this was then changed to 6 months, along came Covid-19 and everything went to pot, members were informing that they had been given an extension to their award only to receive a review form a few days/weeks later.

Hopefully you should receive a decision letter with the relevant dates on as discussed with CM, if not contact DWP and find out why it has changed yet again.

For most benefits, the basic rule is that an overpayment is recoverable if it was caused by misrepresentation or failure to disclose a relevant fact.

Overpayments of benefit can occur in a number of ways. In the main they are due to claimant, system or official error. They fall into 2 groups:

1) those where recovery is specifically provided for under Social Security legislation
2) those where recovery is not specifically provided for under Social Security legislation but the Secretary of State may in some cases seek recovery under Common Law principles.

For Universal Credit and New Style JSA and ESA claims, any overprovision, including Official Error overpayments, can be recovered under Social Security Legislation.
www.gov.uk/government/publications/benef...yment-recovery-guide

Gary

Hi Gary, thanks for your reply.

Yes, I hade the same issue. Sorry, I meant that the new award review date is normally the same month as the benefits were awarded, just a year before. But the letter said awarded until December 2021, with a review from September 2020, normally it would be December 2020 to match award until December 2021? Sorry, hope you understand what I'm getting at.

Anyway, new letter should say 24th February 2027, with a review from February 2026. I will wait and see if those dates are the same on the letter and will ring the DWP as you suggest if it's anything different to what the CM said over the phone.

Thank you, I had found the same link and read what you wrote about an official error. I understand it that if it was new-style ESA, JSA or UC then even if it was their error, they can recover the benefits money overpaid. But with PIP that's not the case and they can't. Do we know why PIP isn't included? Obviously that's good news. Is it because it's a disability benefit?

Thanks Gary.

Hi Gary, thank you so much for your reply. Sorry, I only said that as their own debt recovery guidelines say they cannot recover any PIP overpayments if they were notified of the change and it was an error their end? I will take it with a pinch of salt though.