DLA/PIP end dates

Concerned_About?

Just received my PIP decision letter (without an interview?) and it was refused. Not unexpected but the end date for my DLA is confusing. Below is a quote from DWP own document:

"If PIP is not awarded your DLA will stop being paid 28 days after the next payday following the decision on the PIP claim. This extra 28 days of payment is to allow you more time to adjust to any change in entitlement brought about by the new PIP decision".

This clearly states that I should receive 28 days payment AFTER next payment date following decision. But, on querying why my end date would be the 28th October when my last payment was on the 7th October - only 3 weeks - I was told the end date is 28 days from decision date which was 30th September - even though letter arrived 7th October. As this has a knock on effect with my working tax credit the difference to me is over £80 - a lot of money when I am losing £300 monthly. So - be advised - DWP own documentation cannot be trusted!

rogerblack

What has actually - not may happen with your DLA payment.
Did the last one go through on schedule?
AIUI WTC has a significant run-on for people who stop being entitled to PIP/DLA.

You can appeal the PIP decision.
If you want assistance - you'll need to probably post some brief details of the outcome.

Concerned_About?

My actual DLA will stop on the 28th October. Under the guidelines of the DWP a payment of 28 days should be made after the payment following the decision date. So, in my case, decision date 30th September, next payment 7th October and so final payment should be 4th November. I was told that I had 'misread' or 'misunderstood' quoted passage (see initial thread) and that final payment is 28 days from decision date. There seems to have been a movement of goal posts. I have no wish to appeal decision and, rogerblack, I have not requested assistance. I just want to see whether others have noticed this anomaly and realise that they, like me, will be losing money. Unless, of course, I have indeed, misunderstood the DWP document.

rogerblack

I do not see that in the legislation.
http://www.legislation.gov.uk/uksi/2013/387/regulation/17

17. (1) Upon an assessment determination being made on a claim by a transfer claimant—
...
the claimant's entitlement to disability living allowance shall terminate, ..., on the last day of the period of 28 days starting with the first pay day after the making of the determination

I do not see any amending legislation - so if the normal payment date was the 7th oct, and the decision was 30 Sep - then the 7th is the 'first pay day after the making of the determination' and you are due payment up until the 4th.

I would appeal this decision, if it turns out you're not paid up until that date.

Concerned_About?

Thank you for your reply rogerblack - my letter from the DWP states that DLA will end on the 28th October, a week early. I have questioned this but was simply told that I had misread the legislation. They are not willing to listen. At least you have reassured me that I am correct. To be honest, I do not have the energy to fight this but just want to advise others of what might happen.