PIP appeal backpayment

batbloke

Hi, I applied to have a PIP review in August 2018 (I was on both "lower" rates). I was refused any change, so appealed. The appeal was heard in November 2019 and granted higher rates for mobility and care. The appeal documents granted backpay from January 10th 2019 (don't know where this date comes from). The backpay has been paid from that date, but I thought it should be from the date of the original claim/review request, i.e. August 2018. Can anybody help, please?

calcotti

What is the date of the decision not to revise your award following your request in August 2018. I infer that the decision was dated 10th January 2019. Your appeal has decided that that decision was wrong and your arrears are backdated to the decision date.

Had DWP decided in your favour originally any change to your award would only have applied from the date of decision, not the date of your request.

batbloke

Thanks. I was always under the impression that benefits were paid from the date of application (or at least the date of the DWP's receipt thereof). Given the length of time in processing certain benefits (Universal Credit springs to mind), then those claimants could lose a great deal. Is that really the case?

pmlindyloo

batbloke wrote: »

Thanks. I was always under the impression that benefits were paid from the date of application (or at least the date of the DWP's receipt thereof). Given the length of time in processing certain benefits (Universal Credit springs to mind), then those claimants could lose a great deal. Is that really the case?

This only applies to new applications for PIP.

You reported a change of circumstances. You need to have had those change of circumstances for 3 months and have reported them within a month of the change. Sorry it is so complicated.

If Calcotti's reply is not relevant then you could do a Mandatory reconsideration of their decision.

This link explains it well although you would obviously have to adapt it for your particular circumstances.

https://community.scope.org.uk/discussion/comment/177256/

calcotti

For a new claim payment is backdated to the date of claim, for a revision the change takes place from the date of decision. Obviously this works against you if you have a benefit increase but it also protects claimants from having an overpayment if their benefits decrease.

calcotti

pmlindyloo wrote: »

This only applies to new applications for PIP.

You reported a change of circumstances. You need to have had those change of circumstances for 3 months and have reported them within a month of the change. Sorry it is so complicated.

If Calcotti's reply is not relevant then you could do a Mandatory reconsideration of their decision.

This link explains it well although you would obviously have to adapt it for your particular circumstances.

https://community.scope.org.uk/discussion/comment/177256/

From what poppy says I was incorrect when I said any change was backdated to the date of decision. Poppy, have I understood this correctly from what you say, if a claimant has a change and reports it within four months then, although a decision would obviously take some time, the change would be backdated to three months after the change. If reported later than this it would the change would be from the date of decision.

batbloke

Thanks to all for your help.

poppy12345

calcotti wrote: »

From what poppy says I was incorrect when I said any change was backdated to the date of decision. Poppy, have I understood this correctly from what you say, if a claimant has a change and reports it within four months then, although a decision would obviously take some time, the change would be backdated to three months after the change. If reported later than this it would the change would be from the date of decision.

If a change of circumstances decision goes in a claimants favour and they've had that condition for at least 3 months then it's backdated to the date they reported the changes.



Reviews are awarded from the date of the decision.

calcotti

poppy12345 wrote: »

If a change of circumstances decision goes in a claimants favour and they've had that condition for at least 3 months then it's backdated to the date they reported the changes.
Reviews are awarded from the date of the decision.

Thanks poppy. I ought to know that but I do find it confusing!

batbloke

Thanks all. The significant point being here is (from what you're saying), is: a review, if accepted (lol), will be backdated to date of application claim, if it's an appeal to a refusal then the backpayment is issued from the date of the refusal decision. Seems a tad unfair being as they made a poor decision in the first instance.

poppy12345

batbloke wrote: »

Thanks all. The significant point being here is (from what you're saying), is: a review, if accepted (lol), will be backdated to date of application claim, if it's an appeal to a refusal then the backpayment is issued from the date of the refusal decision. Seems a tad unfair being as they made a poor decision in the first instance.

No, that's not correct. A review is from the date of the decision, this means that because yours was a review you'll be backdated to the date the decision was made to stop your PIP.


If it was a change of circumstances that you rang to report then it would have been backdated to the date you rang to report those changes and not from when the decision was made to stop your PIP.