PIP without face to face, and ESA/PAYE

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Stoodles
Stoodles Posts: 815 Forumite
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in Benefits & tax credits
Two linked queries

I applied for PIP in February, submitting my form in March. It has taken till now, with the input of an advocate who made a formal complaint, to get any progress. Today I got a letter saying they have enough information to make a decision without seeing me. I think I recall reading somewhere that you cannot be refused PIP without an assessment.
Q1. Does this mean I can expect some sort of award?

If so, the back payments will probably have to go to Inland Revenue. Several years ago, when I first became ill, I was awarded ESA (CB Support group) while still employed. My tax code was not changed, so my employer refunded me all my Income Tax for that year over the course of several months. When the Revenue first asked for repayment they accepted that my income was only ESA, so deferred it. Now they are insisting I repay or will be sent to a debt collector.
Q2. Can I arrange a slow repayment, rather than a lump sum from the back PIP if it comes? I had hoped to use the PIP for therapy.
Q3. I understand that now tax codes get amended so this situation. can't arise. Is there any mileage in making a complaint? I'm inclined to think they will simply say I should have been aware ESA was taxable and disregard the fact that I was too ill to manage my affairs

Thanks for your help

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  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
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    I would suggest you contact the charity TaxAid - they should be able to help you with this.

    IQ
  • poppy12345
    poppy12345 Posts: 17,956 Forumite
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    edited 21 September 2017 at 4:17PM
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    Stoodles wrote: »
    Two linked queries

    I applied for PIP in February, submitting my form in March. It has taken till now, with the input of an advocate who made a formal complaint, to get any progress. Today I got a letter saying they have enough information to make a decision without seeing me. I think I recall reading somewhere that you cannot be refused PIP without an assessment.
    Q1. Does this mean I can expect some sort of award?

    If so, the back payments will probably have to go to Inland Revenue. Several years ago, when I first became ill, I was awarded ESA (CB Support group) while still employed. My tax code was not changed, so my employer refunded me all my Income Tax for that year over the course of several months. When the Revenue first asked for repayment they accepted that my income was only ESA, so deferred it. Now they are insisting I repay or will be sent to a debt collector.
    Q2. Can I arrange a slow repayment, rather than a lump sum from the back PIP if it comes? I had hoped to use the PIP for therapy.
    Q3. I understand that now tax codes get amended so this situation. can't arise. Is there any mileage in making a complaint? I'm inclined to think they will simply say I should have been aware ESA was taxable and disregard the fact that I was too ill to manage my affairs

    Thanks for your help
    That's not true. You can be refused PIP without a face 2 face assessment. It's ESA that you can't be refused without an assessment. Hopefully for you the decision will go in your favour.
  • poppy12345
    poppy12345 Posts: 17,956 Forumite
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    As letters from DWP take a while to get to us they may have already made a decision. You could ring PIP and ask if a decision's been made then it would save all the worry. Good luck.
  • Stoodles
    Stoodles Posts: 815 Forumite
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    Icequeen99 wrote: »
    I would suggest you contact the charity TaxAid - they should be able to help you with this.

    IQ

    Thanks - I contacted them and they are going to follow it up for me. I don't know if the outcome will be any better, but it is a relief not to have to pursue it myself.

    poppy12345 wrote: »
    That's not true. You can be refused PIP without a face 2 face assessment. It's ESA that you can't be refused without an assessment.

    I thought it was too good to be true. I'll just wait to see what happens - I'm not comfortable chasing things by phone, which may be why it has already taken 6 months.
  • poppy12345
    poppy12345 Posts: 17,956 Forumite
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    Stoodles wrote: »
    I thought it was too good to be true. I'll just wait to see what happens - I'm not comfortable chasing things by phone, which may be why it has already taken 6 months.
    That's not that long really. Some people are waiting much longer than that. Waiting times vary wildly accross the country, depending on where you are and backlogs etc.
  • Stoodles
    Stoodles Posts: 815 Forumite
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    Capita have agreed that they haven't acted within their contractual timescales, and for this and for offering me an appointment in another county that I could only reach through an overnight bus journey, they have offered me £50..

    I will donate at least half of it to the advocacy service who have supported me so effectively.
  • epitome
    epitome Posts: 3,199 Forumite
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    Do you want ESA Income Related advice? Just asking.
  • Stoodles
    Stoodles Posts: 815 Forumite
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    Thanks, but no. I'm on Contributions Based. My husband is still working, so I wouldn't be eligible for IR
  • Stoodles
    Stoodles Posts: 815 Forumite
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    Icequeen99 wrote: »
    I would suggest you contact the charity TaxAid - they should be able to help you with this.

    IQ
    Thanks for suggesting Tax Aid. They dealt with it for me and I heard today that HMRC have agreed to wipe the debt.
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