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Engaging with other people - prompting v support
- Cinta
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1 week 6 days ago #290849 by Cinta
Engaging with other people - prompting v support was created by Cinta
Hi, I received a letter from the DWP in December but couldn't make head or tail of it. This week I looked at your website and under the issue of social support. The DWP originally, about 10 years ago gave me 4 points for needing social support and have since denied me these points - basically gave me no points until I went to tribunal where they gave me lower points for some, but again none Engaging with other people. I know my review or possibly transfer from ESA to UC will happen this year and I am waiting for the dreaded envelope.
Having read your examples and digested all the legal speak regarding the question Engaging with other Peope I firmly believe that I should have had descriptor Needs social support giving me the 4 points, which would also put me into the higher bracket . I believe my last 2 assessments were in 2016 (I need to check the exact date) and 2019 which makes me wonder whether I should ask for this potentially new decision to be backdated to 2016. I think I have all the relevant documents from those years.
However, I am hesitating to contact the DWP in the first place, as my experience has not been good with them - I guess I am not the only one. I am concerned this may trigger them to reassess me earlier but by the same token a letter confirmed that my due date would be 6th August 2024 so I am due a letter any day now.
So, the simple question is, should I contact them and point out that their assessment in 2016 and 2019 was erroneous as the law has now been clarified? Are there any potential pitfalls that any of you can foresee?
Could somebody please explain what LEAP is, I read something about this last year in your emails but it was a gruesome year so I was out of the loop.
Two final questions:
- if I get transferred to UC do I still apply or retain PIP?
- I am 65, female and do wonder what will happen when I reach pension age next February? Do I loose all my current benefits or do I retain anything. I appreciate this may be a can of worms but if you could point me into the right direction I would be very grateful.
With many thanks in advance
Having read your examples and digested all the legal speak regarding the question Engaging with other Peope I firmly believe that I should have had descriptor Needs social support giving me the 4 points, which would also put me into the higher bracket . I believe my last 2 assessments were in 2016 (I need to check the exact date) and 2019 which makes me wonder whether I should ask for this potentially new decision to be backdated to 2016. I think I have all the relevant documents from those years.
However, I am hesitating to contact the DWP in the first place, as my experience has not been good with them - I guess I am not the only one. I am concerned this may trigger them to reassess me earlier but by the same token a letter confirmed that my due date would be 6th August 2024 so I am due a letter any day now.
So, the simple question is, should I contact them and point out that their assessment in 2016 and 2019 was erroneous as the law has now been clarified? Are there any potential pitfalls that any of you can foresee?
Could somebody please explain what LEAP is, I read something about this last year in your emails but it was a gruesome year so I was out of the loop.
Two final questions:
- if I get transferred to UC do I still apply or retain PIP?
- I am 65, female and do wonder what will happen when I reach pension age next February? Do I loose all my current benefits or do I retain anything. I appreciate this may be a can of worms but if you could point me into the right direction I would be very grateful.
With many thanks in advance
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- Gordon
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1 week 6 days ago #290851 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Engaging with other people - prompting v support
C
Your post suggests that you did not score points for the Engaging with Others activity when assessed in 2016 and 2019, if this is the case then you are not eligible for a review of these Decision, you need to have scored 2 points for "prompting" before the DWp will look again at their Decisions.
LEAP is actually a general term for the DWP reviewing previous Decisions where an Error of Law may have occurred, however, it is normally associated to changes to the legislation for the Going Out activity which were subsequently removed.
Your PIP award is not affected by your being transferred to UC.
Your ESA (or UC) will cease on the day before you reach State Retirement Age you would then receive your State Pension as a replacement.
PIP continues after SRA as long as you continue to meet the criteria for an award with one exception, if you do not have a Mobility award before SRA then you cannot receive one after and if you have a Standard award then it cannot be increased to an Enhanced one, even if you meet the criteria.
Gordon
Your post suggests that you did not score points for the Engaging with Others activity when assessed in 2016 and 2019, if this is the case then you are not eligible for a review of these Decision, you need to have scored 2 points for "prompting" before the DWp will look again at their Decisions.
LEAP is actually a general term for the DWP reviewing previous Decisions where an Error of Law may have occurred, however, it is normally associated to changes to the legislation for the Going Out activity which were subsequently removed.
Your PIP award is not affected by your being transferred to UC.
Your ESA (or UC) will cease on the day before you reach State Retirement Age you would then receive your State Pension as a replacement.
PIP continues after SRA as long as you continue to meet the criteria for an award with one exception, if you do not have a Mobility award before SRA then you cannot receive one after and if you have a Standard award then it cannot be increased to an Enhanced one, even if you meet the criteria.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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