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    • NE12
    • By NE12 11th Jun 17, 12:49 AM
    • 4Posts
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    NE12
    PIP Tribunal Won. what next?
    • #1
    • 11th Jun 17, 12:49 AM
    PIP Tribunal Won. what next? 11th Jun 17 at 12:49 AM
    Need a little bit of advice.

    In 2007 I applied for DLA for my son, and was awarded Middle rate care, and low rate mobility. In 2016 he turned 16, and had to have a PIP assessment. The assessment itself was a total hatchet job on my son. He was awarded zero points. I asked for a mandatory reconsideration, and was not awarded any points. the DWP took the side of the PIP assesor.

    I thought that was it, and I went back to looking for employment, inbetween juggling caring duties for my son. during this time I was struggling to find employment so got help of wise steps earlier in the year. when I explained my situation, he asked why we didn't push for a tribunal.
    I explained that I didn't think I'd win as they had done a real job on my son misquoting him and taking things out of context, not to mention sitting him on a little stool during the assessment.

    Cut a long story short, my son said he wanted to pursue a tribunal.
    On Tuesday we had the tribunal, and it was not a nice experience for me, and even worse for my son. they fired a load of questions at him. he was so anxious during this. he had red blotches flair up all over his neck and face. after the assessment he waited for a few mins and just had to get out of the building, so we left without the decision.

    Yesterday morning on the 10th, we had the decision letter, and he was awarded a total of 24points. 14 of which were for enhanced care, and 10 for mobility. He was ecstatic. He's due backdated money from the 6th September 2016.

    My plan is to go back onto carers allowance and to try and do some further education when I have a little spare time.

    My question is regarding benefits. after Carers Allowance ended, and Income Support. and the fact I am still on JSA.
    My Jobs Coach is aware that I was at a PIP assessment for my son, and asked for me to notify him when I found out the result so we could discuss my next step.

    While I am waiting for the DWP to sort out my son's claim, what should I be doing regarding JSA? If I tell my jobs coach of my intentions of going back onto carers allowance, but having to wait for my son's claim to be sorted out, will I be sanctioned at all because they might say I'm not really looking at work? or even kicked of JSA?

    Also when the claim is sorted out, do I then contact Carers Allowance and Income Support and notify them that my son's claim was awarded and backdated. do they then backdate my claim that ended the year before, but deduct any money I've had from JSA. If I am to be even owed anything or not I don't know.
    Last edited by NE12; 11-06-2017 at 1:12 AM.
Page 1
    • pmlindyloo
    • By pmlindyloo 11th Jun 17, 9:38 AM
    • 10,513 Posts
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    pmlindyloo
    • #2
    • 11th Jun 17, 9:38 AM
    • #2
    • 11th Jun 17, 9:38 AM
    Usually Carer's allowance is only backdated for 3 months but there is an exception to this,

    From CarersUK

    Quote

    Carer’s Allowance can generally be backdated for up to three months before the date you submit your claim, so long as you meet the conditions for this period.

    However, there is an exception where Carer’s Allowance can get backdated further than three months. If you claim Carer’s Allowance within three months of the person you care for getting a decision about their qualifying disability benefit, then Carer’s Allowance can get paid back up to the date the qualifying disability benefit was awarded from (as long as you meet the Carer’s Allowance conditions for the whole period).

    You need to ask for Carer’s Allowance to be backdated on the claim form, it will not be backdated automatically.

    Carer’s Allowance can also be claimed up to three months in advance, so long as you can show you will meet the conditions from the date you want your claim to start from.

    Since you appear to have received a decision letter about your son's PIP then you can apply now.

    Now, the backdating.

    I presume that you continued to get Income Support for 8 weeks (?) when your son's PIP was refused? Or did you go straight on to JSA?

    In any case, the same procedure will apply.

    They have a strange system with backdating CA when you have been on an income based benefit such as Income Support/JSA.

    Because the CA will have been counted as income for JSA/IS your CA will not be paid for this period. In theory you should receive backdated CA to September 2016 but if they did this you would also have an overpayment of IS/JSA for the same period (because the CA is treated as income). So they just cancel the two out. Hope that makes sense!

    But you should receive the backdated Carer's Premium for this period as this is extra money on top of the IS/JSA.

    As regards the JSA situation then please don't worry. You will have to apply for CA and when awarded can apply for Income Support again and end your JSA claim.

    Presumably the Job Centre have made allowances for your caring responsibilities as regards job seeking so just carry on as you are until you transfer to CA and IS. Your carer's role has not changed.
    • NE12
    • By NE12 11th Jun 17, 9:47 PM
    • 4 Posts
    • 0 Thanks
    NE12
    • #3
    • 11th Jun 17, 9:47 PM
    • #3
    • 11th Jun 17, 9:47 PM
    Yes that's correct I was receiving Income Support for 8 weeks after. Then I went onto JSA. The letter I got yesterday was the tribunal decision. is that letter enough to contact Carers Allowance to get the ball rolling?

    Do I just carry on in the meantime applying for jobs to keep my UJM account updated? I'm just afraid I will get sanctioned, and it could still apply when I change onto CA/IS.

    Thankyou for the advice, it is greatly appreciated.
    • pmlindyloo
    • By pmlindyloo 11th Jun 17, 11:31 PM
    • 10,513 Posts
    • 12,430 Thanks
    pmlindyloo
    • #4
    • 11th Jun 17, 11:31 PM
    • #4
    • 11th Jun 17, 11:31 PM
    Yes that's correct I was receiving Income Support for 8 weeks after. Then I went onto JSA. The letter I got yesterday was the tribunal decision. is that letter enough to contact Carers Allowance to get the ball rolling?

    Do I just carry on in the meantime applying for jobs to keep my UJM account updated? I'm just afraid I will get sanctioned, and it could still apply when I change onto CA/IS.

    Thankyou for the advice, it is greatly appreciated.
    Originally posted by NE12
    Sorry, I misunderstood you. The DWP have the right to appeal your son's PIP tribunal decision ( just as your son could if the tribunal had not awarded in his favour)

    However this would have to be an appeal to the second tier tribunal on a point of law which is unlikely.

    But you would need to have the decision from the DWP to make the claim for CA. You could ring the DWP to find out if a decision letter is being sent and then move forward or wait according to what they say.

    So yes, carry on applying for jobs until you change over to CA and IS.
    • NE12
    • By NE12 12th Jun 17, 7:11 PM
    • 4 Posts
    • 0 Thanks
    NE12
    • #5
    • 12th Jun 17, 7:11 PM
    • #5
    • 12th Jun 17, 7:11 PM
    I had another letter from the PIP today. asking for more information.
    Just basic questions like has my soon been in hospital. and if the payment details are still the same. I telephoned them and gave the answers over the phone.

    does this mean they're ready to go ahead without waiting the 28days to appeal?
    • pmlindyloo
    • By pmlindyloo 12th Jun 17, 10:47 PM
    • 10,513 Posts
    • 12,430 Thanks
    pmlindyloo
    • #6
    • 12th Jun 17, 10:47 PM
    • #6
    • 12th Jun 17, 10:47 PM
    I had another letter from the PIP today. asking for more information.
    Just basic questions like has my soon been in hospital. and if the payment details are still the same. I telephoned them and gave the answers over the phone.

    does this mean they're ready to go ahead without waiting the 28days to appeal?
    Originally posted by NE12
    Certainly sounds like it.
    You could ring them and explain that you are wanting to claim CA but need evidence that your son's award has been accepted.
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