DLA to PIP backdated?

poppy12345

There's nothing to argue about regarding any case law. DLA and PIP are different benefits and you can't recieve them both at the same time, which is why there's no backdated money. To be honest we could argue all day about this but it's not going to change the answer.

RobinHill

Yes there is. The longer the DWP take to process a claim the more the exchequer is favoured. Clearly a conflict of interest, and related case law has proven this. The government need to be taken to task on this matter, and I am surprised by your comments.
Imagine the same for the world of PAYE and you are waiting for the HMRC to calculate your tax code but it takes months or even years to do so and for it not to be back dated ... "you have been on a K code for the last year or so and have paid tax accordingly but now that you have the correct code it is tough and you can't recover the over payment.". It is no different.

poppy12345

That is 2 completely different things. We'll have to agree to disagree on this one. Anyway, as your question has been answered, i'm out.

RobinHill

No they are not, the topic is common to both ... delays by A should not favour A at the expense of B.

Spoonie_Turtle

RobinHill said:

No they are not, the topic is common to both ... delays by A should not favour A at the expense of B.

I agree with this, but the tax code analogy doesn't make sense.  I'm not really sure what a comparable analogy would be though, because these are two different benefits with two sets of different criteria - but I think you would be well within your rights to make a complaint about it taking so long if it turns out you have missed out on money because they took an unreasonably long time.  The policy as it is does make sense, but of course it was based on claims taking a reasonable length of time to be processed and decided (which as we know is not always the reality).

If you think of when people challenge decisions and get a higher award (or indeed an award at all) the backpay based on that decision is dated to the date of the original decision.  So if (for example) they had assessed you and turned you down 3 months after applying, then it took another 6 months to get the right decision, you'd get 6 months of backpay for a decision that took 9 months.  Whereas if they assess you 9 months after your application and make the right decision straight away, you wouldn't be entitled to any backpay for a decision that also took 9 months.  And regardless of the DLA aspect, that's simply not fair.

After 14 weeks and the prospect of no backpay, I would be starting to be pretty annoyed to be honest.  Have you considered phoning up the assessment providers to chase up your claim?  I don't know that they'd be much better than DWP but there may be a chance someone can tell you where in the process it currently is.

RobinHill

Spoonie_Turtle: Thank you for the comments. It was more to do with any administrative matter where delays by an authority lead to it being in their financial interest. Clearly such creates a conflict of interest. I just used the tax code instance as an example. It does not matter whether it is to do with a benefit claim or a tax refund etc, the underlying point is the same.
Yes the delay is somewhat frustrating to say the least especially given that I understand that the delays vary from region to region, again problematic. It is 19 weeks now since registration of my claim, 14 weeks since receipt of PIP2 form.

[Deleted User]

Why should you receive PIP whilst also receiving DLA? There not going to change that just for you. 

RobinHill

_shel: You would only receive the difference between the two awards. The point is, whether intentional or not the current policy and delays just add to the narrative of "the success of PIP" in reducing the cost to the exchequer. Call me a government sceptic if you like but the situation seems all too convenient ie. it saves money. Further more how is it fair for example that having both applied at the same time Fred in Bristol get his award sooner than Jill in Newcastle.

[Deleted User]

RobinHill said:

_shel: You would only receive the difference between the two awards. The point is, whether intentional or not the current policy and delays just add to the narrative of "the success of PIP" in reducing the cost to the exchequer. Call me a government sceptic if you like but the situation seems all too convenient ie. it saves money. Further more how is it fair for example that having both applied at the same time Fred in Bristol get his award sooner than Jill in Newcastle.

 But what if your award was reduced or stopped, happens all the time. Do you then pay them back all the DLA you received? 

RobinHill

_shel: How did / does it work under DLA or PIP? On review and awarded a lower rate was the difference recovered? No is wasn't. Was any increase backdated? Yes it is.