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MORE PIP-AR1 QUESTIONS ! - 50% of yr + back payment rule
- twinkerzzz
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1 year 7 months ago #280608 by twinkerzzz
MORE PIP-AR1 QUESTIONS ! - 50% of yr + back payment rule was created by twinkerzzz
Hi
Thanks for your support to date - really helpful .
2 more AR1 questions:
1. Where referring to the PIP guide and the time and 'varies' section, p.28 / top section : 'Giving evidence about vairablity' - a link to the BnW website to more info on how assessors fit / breakdown % over a 12 month period doesn't work - can you supply a new link ?
While on this subject: - should i be considering the ESA quantums re: sometimes/frequently/varies or am i ok with just the PIP the 'more than 50%' / 'it varies' dychotomy?
2. Your PIP guide mentions re: indicating when detailing change; that it can indicate a change of circumstance and that this can trigger an over payment event and cause request for repyaments. However, is the inverse possible, that it can trigger an under payment alert and cause a lump sum back payment to occur ?
So this is the AR1 detailing a condition has started to deteriate over a time frame at a given prior date and i haven't informed them of this.
It seems there are a number of possible responses:
a) They just accept the date/time frame as given in the NOW.
b) They trigger a complete PIP re-application event
So does any back payment come into either of these options at all if it's an emerging element or is this issue just over payment biased and back payments dont factor ?
cheers again
sp
Thanks for your support to date - really helpful .
2 more AR1 questions:
1. Where referring to the PIP guide and the time and 'varies' section, p.28 / top section : 'Giving evidence about vairablity' - a link to the BnW website to more info on how assessors fit / breakdown % over a 12 month period doesn't work - can you supply a new link ?
While on this subject: - should i be considering the ESA quantums re: sometimes/frequently/varies or am i ok with just the PIP the 'more than 50%' / 'it varies' dychotomy?
2. Your PIP guide mentions re: indicating when detailing change; that it can indicate a change of circumstance and that this can trigger an over payment event and cause request for repyaments. However, is the inverse possible, that it can trigger an under payment alert and cause a lump sum back payment to occur ?
So this is the AR1 detailing a condition has started to deteriate over a time frame at a given prior date and i haven't informed them of this.
It seems there are a number of possible responses:
a) They just accept the date/time frame as given in the NOW.
b) They trigger a complete PIP re-application event
So does any back payment come into either of these options at all if it's an emerging element or is this issue just over payment biased and back payments dont factor ?
cheers again
sp
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- Gordon
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1 year 7 months ago #280610 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MORE PIP-AR1 QUESTIONS ! - 50% of yr + back payment rule
twinkerzzz
1. I've emailed the office about the broken link. it should be the following
www.benefitsandwork.co.uk/news/now-you-n...ecide-if-you-get-pip
You can use the ESA quantum you mention but they have no legal force for PIP.
Be careful using percentages for PIP, legally it is the majority of days, so 51% of a week may be the majority of that week but it is not the majority of days which would be just over 57%.
2. It can generate an underpayment but perhaps not in the way that you mean. If you report a Change then the date you make the report should be the day that any new award starts, given the time that a review can take there could be a resulting underpayment.
There are some constraints to this.
First, you will need to have suffered any deterioration for three months before it can be considered for an award.
Secondly, claimants are expected to notify Changes within 30 days of them happening. You would need to provide compelling evidence for an earlier date to be considered.
Notifying the DWP of a Change will result in a full reassessment of your claim, usually a new PIP2 and almost certainly some form of assessment.
Gordon
1. I've emailed the office about the broken link. it should be the following
www.benefitsandwork.co.uk/news/now-you-n...ecide-if-you-get-pip
You can use the ESA quantum you mention but they have no legal force for PIP.
Be careful using percentages for PIP, legally it is the majority of days, so 51% of a week may be the majority of that week but it is not the majority of days which would be just over 57%.
2. It can generate an underpayment but perhaps not in the way that you mean. If you report a Change then the date you make the report should be the day that any new award starts, given the time that a review can take there could be a resulting underpayment.
There are some constraints to this.
First, you will need to have suffered any deterioration for three months before it can be considered for an award.
Secondly, claimants are expected to notify Changes within 30 days of them happening. You would need to provide compelling evidence for an earlier date to be considered.
Notifying the DWP of a Change will result in a full reassessment of your claim, usually a new PIP2 and almost certainly some form of assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- twinkerzzz
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1 year 7 months ago #280712 by twinkerzzz
Replied by twinkerzzz on topic MORE PIP-AR1 QUESTIONS ! - 50% of yr + back payment rule
@Gordon - previous:
thanks -
1. Just to clarify: The BnW PIP guide p26 and p27 in the'Varies' section states that legally the % is worked out over a 12 month period and that "PIP law relating to variability is written in terms of percentages"
So are you advising that applicants should stick to indicating days because it's clear in terms of indicating over 50% ? Is it wise to refer to 'over 50%' as well (ie include a ref to the % factor ?) to avoid the chaos documented in the link you provided and underline the quantums supplied ?
2. Additionally: I evoked an exceptional circumstance rule for placement in the ESA support group and this was recognised and granted. Should i make reference to this in a PIP - extra info too ?
Cheers
sp
thanks -
1. Just to clarify: The BnW PIP guide p26 and p27 in the'Varies' section states that legally the % is worked out over a 12 month period and that "PIP law relating to variability is written in terms of percentages"
So are you advising that applicants should stick to indicating days because it's clear in terms of indicating over 50% ? Is it wise to refer to 'over 50%' as well (ie include a ref to the % factor ?) to avoid the chaos documented in the link you provided and underline the quantums supplied ?
2. Additionally: I evoked an exceptional circumstance rule for placement in the ESA support group and this was recognised and granted. Should i make reference to this in a PIP - extra info too ?
Cheers
sp
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- Gordon
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1 year 7 months ago #280717 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MORE PIP-AR1 QUESTIONS ! - 50% of yr + back payment rule
twinkerzzz
1. So a claimant's problems are considered over a one-year period; three months in arrears and nine months into the future.
However, the test as defined in the legislation is the majority of days over that year
So, if a claimant is talking about the problems they have in the context of a week, on the assumption that this will be replicated over the year detailed above, then the majority of days would be four days a week and not 51% of the time.
2. You can but the ESA test is looking at your ability to carry out Work Related Activity, there is no equivalent test in PIP, in fact, the PIP activities do not consider your ability to work or carry out WRA at all.
Gordon
1. So a claimant's problems are considered over a one-year period; three months in arrears and nine months into the future.
However, the test as defined in the legislation is the majority of days over that year
So, if a claimant is talking about the problems they have in the context of a week, on the assumption that this will be replicated over the year detailed above, then the majority of days would be four days a week and not 51% of the time.
2. You can but the ESA test is looking at your ability to carry out Work Related Activity, there is no equivalent test in PIP, in fact, the PIP activities do not consider your ability to work or carry out WRA at all.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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