PIP advice 13 December 2022 at 6:21AM in Benefits & tax credits 4 replies 578 views

Miranda74Cat

My partner is 66 disabled and his health has declined over the past 2 years, so we decided he should apply for a benefit at hopefully a higher rate.
In March he contacted DLA, which he was receiving at the lowest rate, and they advised he must apply for Attendance Allowance because he is a pensioner and cannot get PIP.
He did this and following months of waiting was advised by AA he was not entitled to AA because he was in receipt of DLA. So he then contacted PIP again and after being redirected by PIP to AA over 3 times, because he is over 66, he persuaded PIP to send him a form in September.
The PIP form stated that applicants would continue to receive DLA whilst the PIP application was considered and the PIP payments if successful would be back dated to the date of the application form. Now after moths of waiting and an assessment by PIP he has thankfully been awarded the highest rate for both components. Problem now is the first payment will be in January and not backdated.
I called PIP for an explanation and they said it would not be backdated in his case because he was receiving DLA and it was reassessment not a new application. 
He has been wrongly advised on every point and I fear this is another blunder. We would be very grateful if anyone have any advice on what to do now? 

marcia_

 If he has been receiving DLA the whole time he is not entitled to back pay as you can't receive both at the same time. 

calcotti

Miranda74Cat said:

In March he contacted DLA, which he was receiving at the lowest rate, and they advised he must apply for Attendance Allowance because he is a pensioner and cannot get PIP.

That was appallingly incorrect advice.

Miranda74Cat said:

Now after moths of waiting and an assessment by PIP he has thankfully been awarded the highest rate for both components. Problem now is the first payment will be in January and not backdated.
I called PIP for an explanation and they said it would not be backdated in his case because he was receiving DLA and it was reassessment not a new application.

That is correct.

Your only possible redress is to make a complaint to DWP about the incorrect information you initially received which appears to have delayed your PIP claim by about 6 months and seek financial decompensation for six months worth of the difference between your PIP award and the DLA you previously received.
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

Alice_Holt

I'd copy the complaint to your MP, as the involvement of an MP will often get a better DWP response.

You may also wish to request a subject access request (SAR) if you haven't got proof (i.e print of numbers called) of making the March telephone call. 

Miranda74Cat

Thank you for all the good advice.
It has all been pretty dreadful, particularly that the department does not have to respond in any time frame which consequently has a significant negative impact.