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Backdating payments
- Rebecca01*
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3 years 1 month ago #267164 by Rebecca01*
Backdating payments was created by Rebecca01*
Hi everyone, I just wondered if anybody knew how far back your review should be backdated? I’ve just received my new award and they have just backdated it to when they made the decision on the 25th of January and I will just get normal four weekly payments after that. I was under the impression it will be backdated to when they received my review form back in September? Have I imagined this?
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- LL26
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3 years 1 month ago #267245 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Backdating payments
Hi Rebecca01*,
When benefit is changed, this called a supersession - when deciding to supersede benefit, DWP must decide what the 'effective date' is. This is the date when DWP think that the benefit needs changing from. It could be the decision date or beforehand, depending on the circumstances. The length of any backdating will depend on type of review that took place and why. It will also depend on whether or not you have been paid consistently up and until the decision date. Let me try and give some examples. If you either asked DWP to review, because you felt that your health had become worse, and DWP agreed, and now award enhanced ratee instead of standard, then DWP can backdate to the 'effective date' when your health became worse. Alternatively if DWP had awarded zero points, and hence you were no longer entitled to PIP, so payments stopped at this time, later when you completed MR and/or appealed to the Tribunal, and the appeal was allowed, the PIP money would be backdated from the decision date as the date when the payments stopped. (The same will happen if an award has merely been reduced.) I am aware of instances where the original award period has ended during the renewal process, and the new award is backdated to the original end date. Similarly, if DWP think your condition has improved and you knew this, then they can supersede the benefit, reducing or cancelling to the date when they think you should have known your health had improved. These sorts of cases often come with an overpayment, which can be backdated for several years!
Have another look at the decision notice and see if DWP explain why they have chosen the 'effective date' they have. If your health has become worset, and you now get more PIP you could write to DwPTo ask them to explain their decision. But you may also wish to write a Mandatory Reconsideration, but make it clear that you are only disputing the award length (start point). Have you got evidence to show when your health actually became worse?
I hope this helps.
LL26
When benefit is changed, this called a supersession - when deciding to supersede benefit, DWP must decide what the 'effective date' is. This is the date when DWP think that the benefit needs changing from. It could be the decision date or beforehand, depending on the circumstances. The length of any backdating will depend on type of review that took place and why. It will also depend on whether or not you have been paid consistently up and until the decision date. Let me try and give some examples. If you either asked DWP to review, because you felt that your health had become worse, and DWP agreed, and now award enhanced ratee instead of standard, then DWP can backdate to the 'effective date' when your health became worse. Alternatively if DWP had awarded zero points, and hence you were no longer entitled to PIP, so payments stopped at this time, later when you completed MR and/or appealed to the Tribunal, and the appeal was allowed, the PIP money would be backdated from the decision date as the date when the payments stopped. (The same will happen if an award has merely been reduced.) I am aware of instances where the original award period has ended during the renewal process, and the new award is backdated to the original end date. Similarly, if DWP think your condition has improved and you knew this, then they can supersede the benefit, reducing or cancelling to the date when they think you should have known your health had improved. These sorts of cases often come with an overpayment, which can be backdated for several years!
Have another look at the decision notice and see if DWP explain why they have chosen the 'effective date' they have. If your health has become worset, and you now get more PIP you could write to DwPTo ask them to explain their decision. But you may also wish to write a Mandatory Reconsideration, but make it clear that you are only disputing the award length (start point). Have you got evidence to show when your health actually became worse?
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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