Got screwed over by DLA/PIP please help!

s210

Hi all, hoping someone can help


- Been receiving DLA higher rate care/mobility since 2011
Care was granted for 2 years (which I was unaware of at the time) and mobility for an indefinite period

- Care component stops in 2013
- I ask them why and they say it''s because I'm in the catchment area for where PIP is being rolled out and I have to apply for PIP.

I apply for PIP, they tell me that I will be paid from the date I apply (November 2013)

August 2014
- I was granted higher rate for both components of PIP

I ring today to ask them about when the payment will be coming in and I also ask about the back payment I assumed I would receive. The lady tells me that I should have been receiving DLA all this time

I explain to her that I was under the assumption that PIP will be making the back payment and she tells me that I was misinformed and for DLA to deal with and to contact them.

She says she'll have a look for more details and get back to me

She calls back and says the care component has stopped as it only lasted for 2 years - I explain to her that when I rang to inquire about this they told me to apply for PIP and that PIP will back date it from November 2013

She again tells me to call DLA and explain to them the situation. However, I'm afraid that I'll get no where with them and I'm not sure what to do

Can someone please advise?

Any help is greatly appreciated and please let me know if anything is unclear or you need more information

rogerblack

Anything you've been told about backdating is irrelevant if you've got a live DLA award and have applied for PIP.

PIP is paid only after the decision is made.
This is even for terminally ill claimants.
I'm not actually sure it's legal to grant care and mobility for different times.
http://www.rightsnet.org.uk/forums/viewthread/354/#1246 discusses this, though I've not dug for the actual legislation.

I suspect that your case may have been reviewed in 2013. Did you get any letters about this at the time?

If there was a decision to end your DLA made in 2013, in principle that could be appealed.
If there was a decision initially made in 2011 to award the components for a different time, you might request that to be looked at as an official error, and/or seek compensation for this.

The law is quite clear on migrations however. For someone who has DLA in payment, the new rate starts only after the award of PIP.
There is no backdating at all.

DomRavioli

You need to call DLA as you have been advised - they are the only people who can tell you as they administer the benefit.

Scully38

s210 wrote: »

Hi all, hoping someone can help


- Been receiving DLA higher rate care/mobility since 2011
Care was granted for 2 years (which I was unaware of at the time) and mobility for an indefinite period

- Care component stops in 2013
- I ask them why and they say it''s because I'm in the catchment area for where PIP is being rolled out and I have to apply for PIP.

I apply for PIP, they tell me that I will be paid from the date I apply (November 2013)

August 2014
- I was granted higher rate for both components of PIP

I ring today to ask them about when the payment will be coming in and I also ask about the back payment I assumed I would receive. The lady tells me that I should have been receiving DLA all this time

I explain to her that I was under the assumption that PIP will be making the back payment and she tells me that I was misinformed and for DLA to deal with and to contact them.

She says she'll have a look for more details and get back to me

She calls back and says the care component has stopped as it only lasted for 2 years - I explain to her that when I rang to inquire about this they told me to apply for PIP and that PIP will back date it from November 2013

She again tells me to call DLA and explain to them the situation. However, I'm afraid that I'll get no where with them and I'm not sure what to do

Can someone please advise?

Any help is greatly appreciated and please let me know if anything is unclear or you need more information

I feel for you. There's nothing more frustrating than not getting anywhere and no one is prepared to take responsibility.

This might help you. It's from the Disability rights website. It explains all about PIP and DLA and the merging of the two and what the process should be. So it's definately worth reading it. Good Luck.

p00

rogerblack wrote: »

Anything you've been told about backdating is irrelevant if you've got a live DLA award and have applied for PIP.

PIP is paid only after the decision is made.
This is even for terminally ill claimants.
I'm not actually sure it's legal to grant care and mobility for different times.
http://www.rightsnet.org.uk/forums/viewthread/354/#1246 discusses this, though I've not dug for the actual legislation.

I suspect that your case may have been reviewed in 2013. Did you get any letters about this at the time?



If there was a decision to end your DLA made in 2013, in principle that could be appealed.
If there was a decision initially made in 2011 to award the components for a different time, you might request that to be looked at as an official error, and/or seek compensation for this.

The law is quite clear on migrations however. For someone who has DLA in payment, the new rate starts only after the award of PIP.
There is no backdating at all.

Is PIP not back paid from the date of application once the decision has been made?

xxp00

rogerblack

p00 wrote: »

Is PIP not back paid from the date of application once the decision has been made?

xxp00

If, and only if there is no DLA in payment, otherwise DLA continues at the same payment rate and is not backdated even for the terminally ill until the decision is made.
It's actually better to withdraw your DLA claim, and then claim PIP fresh, if you don't need the money immediately, and know that your PIP award will be higher.
(if your award is not higher, this will of course lose you money)

yvoweb

My daughter's DLA ran out last week but she was asked back in June to apply for PIP. We have filled in the form, had the face to face interview and are now awaiting the decision. Meanwhile her DLA is continuing to be paid and she has been allowed to extend the lease on her motability car.