Backdated Money

An interesting thread, for which this particular issue appears to result in conflicting advice, not just on this forum, but on other forums too! Confusing.......

My particular circumstances are included in a different thread, but I repeat them briefly here in an attempt to secure a degree of clarity.

I was awarded DLA Mobility Component for life in late 1990's. I did not claim for what was personal care at the time, as I did not require it.

Fast forward to January 2022, when I contacted the DWP to advise of 'a change of condition' that affected my disability. At the time of contacting DWP, I was still in receipt of mobility component of DLA, which I used for a Motability vehicle.

The DWP responded to notification of my change of condition with a letter thanking me for informing them of a change in my condition, but that I needed to transfer from DLA to PIP and to complete a new application to receive PIP.

So, if it is the case that my PIP award acknowledges my change in condition is such that it qualifies for the enhanced Daily Living component of PIP, surely that qualifies for backdated arrears for the Daily Living component that my change of circumstances letter (a supersession) instigated?

My particular circumstances are not the same as a traditional DLA to PIP transition, surely? My understanding of this is that, in my case, I would qualify for arrears of the enhanced Daily Living component from the date of my change of condition letter.

This appears to be the advice provided via Internet searches. Confusing........

This is from theThe Personal Independence Payment (Transitional Provisions) Regulations 2013:

Regulation 20 provides that where a DLA entitled person who has received an invitation to claim PIP under regulation 3, or is in the course of claiming PIP under regulation 4, notifies the Secretary of State of a change in circumstances that may affect the person's entitlement to DLA the notification is to be treated as if was a notification in relation to PIP and not DLA.

So, if a claimant notifies the DWP of a Change of Circumstances, this does not constitute the traditional DLA to PIP transfer. Accordingly, backdated arrears should apply!

Thanks. Gordon!
I will have a look for the Upper Tribunal hearing re this, as this doesn't compute with my understanding or interpretation of the Transition Legislation!