Incorrect Information on Decision Letter?

Hi ES12 If the letter says 13 points - you are right that should be enhanced. I can't tell you whether the new end date is an error or they have changed it - which they can do. You would need to query this. I know it is a nightmare to get through to the DWP, but if you write - there is no telling when you may get an answer to your questions. If you could bear it, I would try and telephone - because you want to know whether you need to challenge the award. Have you put in a request for the assessment report - PA4?It would be pointless to put in for an MR when you don't know where the error is.


BIS

Hi ES12,
When there is simply a paper assessment, rather than phone/face to face, the form is PA3. You should be able to phone up and ask for this.
I agree with BIS, you don't want to ask for any sort of revision at this point, because what you want is confirmation that you should be receiving enhanced rate. The extension date is another issue that also needs clarifying.
I'm wondering if the best approach is to write in and make a complaint. Complaints tend to get dealt with quicker, and DWP have highly trained officers to deal with complaints. After all, the award says 13 points, and enhanced should be paid and also backdated to the appropriate date. You can also ask for the award end date to be clarified. You have a valid complaint because you appear to have awarded a higher award, and of course the decision notice is far from clear. -
you will note that according to Welfare Reform Act 2012 s78
(2)A person is entitled to the daily living component at the enhanced rate if—
(a)the person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition; and
(b)the person meets the required period condition.

You could mention this in your complaint- that since the points clearly add up to 13 (and these are correctly awarded for problems you have which the corresponding PIP descriptors) and hence you are ENTITLED under s 78 - DWP should pay the correct money. A failure to do so is also a breach of your right to property under Article 1 of Protocol No. 1 to the European Convention on Human Rights. (This includes the right to receive welfare benefits.)
(And, just for your information - if you have a right to the money, which on the face of it appears to be so, then you can enforce this in the courts if need be. I very much doubt that this will be required though!)

Hopefully this will lead to a proper enhanced rate decision notice being issued with an extended date. If you don't get the enhanced rate and/or extension, then put in the MR request. You can just do MR for the length of award if need be. The important thing here is to sort out enhanced rate, because the date only refers to the timing of the next review, and won't affect money entitlement.
Remember to put name NI Number on all pages. Mark the letter clearly COMPLAINT and send to address at top of the decision letter.
Since you will have made a complaint I am certain that even if the complaint remains unanswered after the initial 1 month time frame, you would have a reasonable excuse to put in a late MR, which can be done up to 13 mths after the original decision date. Moreover if you get another decision notice, which then says only standard rate (which would have to mean some points were deducted) you would appeal that later decision, and would have a month from that date.
I appreciate that this might sound a bit complicated, but hopefully you understand. Please re-post if you need any further clarification.
Good luck.
LL26