DLA to PIP backdated?

[Deleted User]

 It would only be right that you would have to be pay back the DLA you received for the same period if you received backpay? 

 Otherwise you will have received double the benefits for the same thing! 

 Highly likely the admin who answered the phone had no clue you were receiving DLA unless you specifically told them as it wouldn't show on PIP computers, different benefits & processes. 

poppy12345

There are other members here that also transferred from DLA to PIP who will hopefully see this and also tell you that there's no backdated money.

RobinHill

poppy12345: Citizen's Advice have just replied also confirming that the award will be backdated to the start of my claim.

Paula94

My daughter is currently on DLA, low rate mobility, high rate care. We have just completed a PIP claim. She has been awarded enhanced care and mobility. Her last day of DLA is 30th March, her PIP will start 31st March. There will be no back payment as we have received DLA. Despite her awarded enhanced. I understand your frustration but it’s pointless. 

poppy12345

RobinHill said:

poppy12345: Citizen's Advice have just replied also confirming that the award will be backdated to the start of my claim.

Then they are not correct, sorry. It is only backdated to the start of a new claim if the claimant isn't currently receiving DLA.

[Deleted User]

RobinHill said:

poppy12345: Citizen's Advice have just replied also confirming that the award will be backdated to the start of my claim.

https://forums.moneysavingexpert.com/discussion/5747249/pip-not-being-backdated-for-dla-recipients

And another 

https://www.disabilitynewsservice.com/benefit-claimants-missing-out-on-thousands-in-transfer-from-dla-to-pip/

RobinHill

_shel: The were fully briefed of my claim background and CA re-iterated that the current policy states that new claims are backdated. I raised the topic of DLA transfer to PIP issue, I even drew their attention to that very DSN article but they just stated that it is a new claim for PIP and so will be backdated. Frustrating but it will be what it is I guess. However trusting negative I think it may be worth raising a complaint given that it is twice now that DWP PIP staff have stated it will be backdated. What I don't get is that whilst it may well be a contentious issue it isn't really that difficult a topic to grasp in order to provide valid advice. Is DWP PIP policy reference material not published in the public domain?

[Deleted User]

 agree, they hide everything until it trips many of us up and someone like DNS get hold of it. Law is available and some other documents can be found digging but most is well hidden from our view

 The dwp are not advisors though they're simply civil servants staring at a screen and those at citizens advice are volunteers. I did it for 2 years and can say during my first 2 months I probably gave some very dodgy 'advice'

poppy12345

When you ring DWP you are simply ringing a call centre and nothing more. They are not there to give any benefit advice and as advised they mostly read from a screen in front of them.

It's always been well known since PIP first began in April 2013 that even with a new claim and transferring from DLA if awarded a higher PIP award then it's not backdated.

Although i understand the frustration but i'm sure it would be a different story if the worst happened and you were refused PIP, you wouldn't expect to have to pay back your DLA award from the time you first rang to claim PIP.

I have no idea why CAB also told you that it would be backdated but it was terrible advice they gave.  Unfortunatelty, i've been unable to find a specific guide anywhere on the internet that states that it's not backdated when transferring from DLA.

RobinHill

poppy12345: Well therefore they should simply state that they are mere call handlers and are not able to provide advice rather than offering advice when they are not in a position to do so (a response often encountered in similar areas). Regarding recovery under a regressed award then your rationale is clearly misguided; not least the policy was exactly that under DLA ie. if awarded lower you would not have had to pay back any over payment, whereas a higher award would be backdated to the date of claim. So given the precedent it would be entirely appropriate to backdate DLA to PIP claims in the same way. The introduction of PIP should make no difference to this policy. It would appear that there is a strong argument in case law for a conflict of interest.