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Thread: PIP backpay

  1. #1
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    PIP backpay

    Hi all, Im new to this site and was looking for an answer to a query I have and there seems to be a lot of conflicting information on it on some forum sites.

    I will start at the beginning, my daughter who has ASD had been on DLA low rate mobility and middle rate care for many years and her 5-yr award was due to end in Sept 15. Due to the change over to PIP we were invited to apply for this in May 15 and were rejected with 0 points (laughable) after the most distressing medical I personally had ever been through never mind her, we were rejected again after a MR. We went to a first-tier tribunal on 24/11/15 which we won 12 points - enhanced rate care. During this whole appealing process my daughters DLA was ended on 22/7/15 and no further payments were received. The PIP award is from 29/7/15-29/7/18. My question is even though we are a transfer from DLA, having received no benefit at all from July, am I correct in thinking that she will get backpay from 29/7/15 till now. Any advice would be appreciated. Its been a long process and exhausting having to constantly fight but we got there in the end.

  2. #2
    Senior Member nukecad's Avatar
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    Interesting question.

    As you know you don't usually get backpayments on a transfer from DLA, because you are recieving DLA payments.
    However as you point out she has not been receiving DLA payments since 22/7/15.
    (Why did it stop in July if it was awarded until September? Presumably this was the date of the original, 0 points, PIP decision?)

    It would seem that the tribunal has recognised this, and so have awarded PIP back to 29/7/15. (Not sure why there is a weeks difference).

    This being the case then the DWP should backpay the PIP from 27/7/15.

    I have little doubt that they will try to argue differently though, to avoid paying.
    You will probably have to stand your ground and insist.

    Have any PIP payments been made yet? Its been over a month since the tribunal decision.

    I am sure that others on here who have had to go to appeal on a transfer from DLA can tell you what happened in their cases.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  3. #3
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    Thank you very much for your quick response. You are correct in saying that the award ceased due to the PIP decision. The date her DLA award ended was 28/7/15 but the last payment received was on 22/7/15 as I think they pay it in arrears. I have just received a call from a caseworker to say that the decision at the Tribunal was allowed so the claim is going ahead and a letter will be issued and backpayments arranged but they could not confirm when these are from. There is probably going to be many more calls to PIP to resolve this so fingers crossed they get it correct first time, but wont hold my breath.

  4. #4
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    Quote Originally Posted by moorel View Post
    Hi all, Im new to this site and was looking for an answer to a query I have and there seems to be a lot of conflicting information on it on some forum sites.

    I will start at the beginning, my daughter who has ASD had been on DLA low rate mobility and middle rate care for many years and her 5-yr award was due to end in Sept 15. Due to the change over to PIP we were invited to apply for this in May 15 and were rejected with 0 points (laughable) after the most distressing medical I personally had ever been through never mind her, we were rejected again after a MR. We went to a first-tier tribunal on 24/11/15 which we won 12 points - enhanced rate care. During this whole appealing process my daughters DLA was ended on 22/7/15 and no further payments were received. The PIP award is from 29/7/15-29/7/18. My question is even though we are a transfer from DLA, having received no benefit at all from July, am I correct in thinking that she will get backpay from 29/7/15 till now. Any advice would be appreciated. Its been a long process and exhausting having to constantly fight but we got there in the end.
    YES: Any Award provided by/at a Tribunal Hearing begins at the time they state in their Judgement, as you note they've ruled it begins a the week after DWP stopped your original payments.

    Congratulations

    With regard what you've further said: it's clear to see that they've ruled your new award begins the day after the old one ceased, so no breaks at all.
    Last edited by Jard; 01-13-2016 at 11:20 AM. Reason: Adding text

  5. #5
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    A wuick note be carefull of errors ie slip of the pen in regards to dates ive had the problem and i have had to send it back to the judge twice for it to be corrected

  6. #6
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    Many thanks. Phoned the PIP Helpline and spoke with a very informative customer care operative, thankfully, who confirmed that payments had been released and they are indeed being paid back to 29/7/15. So relieved that finally she is getting what she so rightly deserved. Would like to say to everyone, it is a long exhausting process but if your are entitled then dont give up because thats what they so want. Good luck to everyone currently going through the process.

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