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DWP SAY PIP CLAIM NOT A NEW APPLICATION SO NOT TO BE BACKDATED - IS THIS RIGHT?
- DJS
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2 years 1 month ago #275915 by DJS
I have a physical disability. I was getting DLA enhanced mobility component paid to Motability. My disability worsened over the years meaning I could do less and less so in 2020 I eventually contacted the DWP to say that I needed to apply for the daily living component. I was informed that I would have to make an application for PIP.
I had the initial phone conversation in August 2020. They took nearly a year to send me the PIP2 form (but it was during the start of COVID so fair enough). By the time it arrived I was suffering extreme mental health issues and was late filling in the form, so was time barred. I gave these reasons to the DWP but they said I would have to appeal. They also said as they now have everything, they will most likely reinstate the application process and reinstate my DLA mobility component (which had also stopped) when the Tribunal sends the papers of my appeal to them (DWP). They advised me to make a new claim just in case it was forced through the appeal process and the Tribunal went against me.
Long and short of it my application and DLA mobility was re-instated and I have been awarded both daily living and mobility at the enhanced rate. However, it will start in January 23 and will not be backdated at all as they are considering it is not a new application as i was already getting DLA. However, this is not exactly fair or right as I was not getting the daily living part of DLA. It makes no sense for them to say this is a transfer application when I made a NEW claim for the daily living part. And I only made a PIP claim because I needed the daily living part. Otherwise I would have waited for them to contact me and make the transfer over to PIP when invited. Please help as I need the back pay daily living part which amounts to thousands. The whole point of doing the appeal was to protect my back pay. This makes no sense. Please Help!!
I had the initial phone conversation in August 2020. They took nearly a year to send me the PIP2 form (but it was during the start of COVID so fair enough). By the time it arrived I was suffering extreme mental health issues and was late filling in the form, so was time barred. I gave these reasons to the DWP but they said I would have to appeal. They also said as they now have everything, they will most likely reinstate the application process and reinstate my DLA mobility component (which had also stopped) when the Tribunal sends the papers of my appeal to them (DWP). They advised me to make a new claim just in case it was forced through the appeal process and the Tribunal went against me.
Long and short of it my application and DLA mobility was re-instated and I have been awarded both daily living and mobility at the enhanced rate. However, it will start in January 23 and will not be backdated at all as they are considering it is not a new application as i was already getting DLA. However, this is not exactly fair or right as I was not getting the daily living part of DLA. It makes no sense for them to say this is a transfer application when I made a NEW claim for the daily living part. And I only made a PIP claim because I needed the daily living part. Otherwise I would have waited for them to contact me and make the transfer over to PIP when invited. Please help as I need the back pay daily living part which amounts to thousands. The whole point of doing the appeal was to protect my back pay. This makes no sense. Please Help!!
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- Gordon
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2 years 1 month ago #275931 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP SAY PIP CLAIM NOT A NEW APPLICATION SO NOT TO BE BACKDATED - IS THIS RIGHT?
DJS
Based on your post, that you are currently receiving PIP Mobility after its reinstatement, then I am afraid the DWP are correct.
There is no backdating of a PIP award when transferring from DLA.
The date in January is because there is a four week run-on of the DLA award before the PIP Decision takes effect.
Gordon
Based on your post, that you are currently receiving PIP Mobility after its reinstatement, then I am afraid the DWP are correct.
There is no backdating of a PIP award when transferring from DLA.
The date in January is because there is a four week run-on of the DLA award before the PIP Decision takes effect.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- DJS
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2 years 1 month ago #275939 by DJS
Replied by DJS on topic DWP SAY PIP CLAIM NOT A NEW APPLICATION SO NOT TO BE BACKDATED - IS THIS RIGHT?
Thanks for your reply Gordon,
However, I was NOT transferring. I was not invited to transfer. I contacted them because my needs increased. I had never applied for the daily living part of DLA before. I am not currently receiving PIP Mobility. I will receive it from Jan 11th, 23 paid in arrears so first payment will be Feb 2nd. I am currently getting DLA mobility which is paid to Motability.
How can they be right when I had the PIP 1 conversation with them in August 2020. They took a whole 8 months to send me the PIP2 form. How is that fair?
I informed them of my increased need back in August 2020. I have been assessed as having daily living enhanced needs. How come I have those needs acknowledged but not paid. It make no sense. I am not asking for back pay of the money which was paid to Motability. Just the money for the living part which my worsened disability now needs.
Would you agree that this is intellectually unfair?
However, I was NOT transferring. I was not invited to transfer. I contacted them because my needs increased. I had never applied for the daily living part of DLA before. I am not currently receiving PIP Mobility. I will receive it from Jan 11th, 23 paid in arrears so first payment will be Feb 2nd. I am currently getting DLA mobility which is paid to Motability.
How can they be right when I had the PIP 1 conversation with them in August 2020. They took a whole 8 months to send me the PIP2 form. How is that fair?
I informed them of my increased need back in August 2020. I have been assessed as having daily living enhanced needs. How come I have those needs acknowledged but not paid. It make no sense. I am not asking for back pay of the money which was paid to Motability. Just the money for the living part which my worsened disability now needs.
Would you agree that this is intellectually unfair?
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- Gary
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2 years 1 month ago #275941 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP SAY PIP CLAIM NOT A NEW APPLICATION SO NOT TO BE BACKDATED - IS THIS RIGHT?
Hi DJS
If you applied for a change of circumstances then your award should be from the date of the phone call, if you were asked to apply for PIP then it will be from the date of the decision.
I would advise you to contact your local Welfare Rights organisation who can take all your circunstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
If you applied for a change of circumstances then your award should be from the date of the phone call, if you were asked to apply for PIP then it will be from the date of the decision.
I would advise you to contact your local Welfare Rights organisation who can take all your circunstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- DJS
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2 years 1 month ago #275974 by DJS
Replied by DJS on topic DWP SAY PIP CLAIM NOT A NEW APPLICATION SO NOT TO BE BACKDATED - IS THIS RIGHT?
Thank you Gary,
I will check that out. Even if it comes to nothing I appreciate the steer you have given.
On a tangential yet related note, I was surprised to see how many people out there like me, (including advisers) did not know of the differential way in which DLA movers to PIP are treated compared to those that were not claiming DLA prior to PIP. The difference is £'000s.
I think it is a ticking time bomb with DLA'ers bearing the brunt.
I will check that out. Even if it comes to nothing I appreciate the steer you have given.
On a tangential yet related note, I was surprised to see how many people out there like me, (including advisers) did not know of the differential way in which DLA movers to PIP are treated compared to those that were not claiming DLA prior to PIP. The difference is £'000s.
I think it is a ticking time bomb with DLA'ers bearing the brunt.
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