Successful pip appeal at hearing but dwp requesting correction of date

Niceonej

Hi all,

So I had my pip stopped in April 2023 after a review which I was scored 0 points. (Previously on enhanced daily living and standard mobility) 
No change after requesting mandatory reconsideration so I lodged an appeal with the help of citizens advice which was finally heard by tribunal on 6th March.

Tribunal have awarded me enhanced for both from the 0 points which dwp were scoring me so great result meaning I’m now owed nearly a years backpay.

However 3 weeks after successful appeal I’m notified the dwp are requesting the effective from date be corrected. Another 3 weeks later and all HMCTS can say is it’s with the judge. 

Does anyone have any idea about how long the judge would take to get this sorted? 

Dwp have put the ‘effective from date’ in the appeal bundle as the same date the judge has awarded my pip from so will the judge understand where the error is? 

Everywhere else in the bundle it mentions pip was stopped from April 2023 but the ‘effective from’ date the dwp have put themselves as March 2023 so the error is with them rather than the judge and now I’m having to wait coming up to 7 weeks since successful appeal to just keep being told it’s with the judge and nothing else? 

Has anyone has a similar experience or have any idea how long this error can take to be rectified so I can finally be paid what I’m owed? 

Thanks in advance! 

mybestattempt

If DWP have asked for the decision notice to be changed to reflect a correct effective date they will have had to explain why they got it wrong in the first place, so the judge should be fully aware of any mistakes by DWP.

As for now long the judge will take it depends on when he gets round to dealing with it.

I would be chasing it up with the Tribunal, keep asking for an update on a regular basis.

Newcad

Niceonej said:

Dwp have put the ‘effective from date’ in the appeal bundle as the same date the judge has awarded my pip from so will the judge understand where the error is? 

Everywhere else in the bundle it mentions pip was stopped from April 2023 but the ‘effective from’ date the dwp have put themselves as March 2023 ......

I assume that you meant to put March 2024 there?

Otherwise the DWP would be appealing that they should give you a months more backpay.

An appeal tribunal considers the facts behind the original decision as things were on the date that it was made, and if the tribunal changes that decision then the change is effective from the date the original decision would have been effective.

That's known as a revision of the original decision.

There are however circumstances where a change applies from the date the tribunal makes a decision.
That's a supersession not a revision, - a supersession is a new decision that replaces an older decision without changing that older decision.

But from what you have told us here then this was a tribunal correcting an incorrect decision, and so the revision should apply from the same date that the incorrect decision would have been effective from if it had been correct.
(Unless there is some further detail that you haven't mentioned here).

PS. The DWP often try to hoodwink the claimant that backdating doesn't apply, but usually cave in when challenged/
However it's fairly unusual that the DWP themselves appeal to court about the effective date though.
It may be a new tactic, and if/when they are wrong in law then the judge will put them right.
(Or it may simply be someone at the DWP who is new to the job, and who doesn't yet understand the difference between a revision and a supersession).

Niceonej

Newcad said:

Niceonej said:

Dwp have put the ‘effective from date’ in the appeal bundle as the same date the judge has awarded my pip from so will the judge understand where the error is? 

Everywhere else in the bundle it mentions pip was stopped from April 2023 but the ‘effective from’ date the dwp have put themselves as March 2023 ......

I assume that you meant to put March 2024 there?

Otherwise the DWP would be appealing that they should give you a months more backpay.

An appeal tribunal considers the facts behind the original decision as things were on the date that it was made, and if the tribunal changes that decision then the change is effective from the date the original decision would have been effective.

That's known as a revision of the original decision.

There are however circumstances where a change applies from the date the tribunal makes a decision.
That's a supersession not a revision, - a supersession is a new decision that replaces an older decision without changing that older decision.

But from what you have told us here then this was a tribunal correcting an incorrect decision, and so the revision should apply from the same date that the incorrect decision would have been effective from if it had been correct.
(Unless there is some further detail that you haven't mentioned here).

PS. The DWP often try to hoodwink the claimant that backdating doesn't apply, but usually cave in when challenged/
However it's fairly unusual that the DWP themselves appeal to court about the effective date though.
It may be a new tactic, and if/when they are wrong in law then the judge will put them right.
(Or it may simply be someone at the DWP who is new to the job, and who doesn't yet understand the difference between a revision and a supersession).

Thank you for your reply. 

Yes 2023 was correct, the decision that’s been overturned is last years decision. Pip was stopped in April 2023 by dwp after review but they seem to have mistakenly put the March 2023 in the appeal bundle even though i was paid up til April 2023 so they won’t pay me twice.

It’s a simple change from 24/03/23 to 24/04/23 so hopefully they’ve explained that to the judge so she can get it done soon. 

I feel like the dwp did it purposely knowing that it would delay any award made by the tribunal but that’s probably just me and my anxiety. I’m just frustrated I’ve been without an award for a year now and now there is further delays because they put a wrong date In the appeal bundle. 

  

Niceonej

mybestattempt said:

If DWP have asked for the decision notice to be changed to reflect a correct effective date they will have had to explain why they got it wrong in the first place, so the judge should be fully aware of any mistakes by DWP.

As for now long the judge will take it depends on when he gets round to dealing with it.

I would be chasing it up with the Tribunal, keep asking for an update on a regular basis.

Thank you very much! I have chased it with the tribunal 3 times now and they keep saying it’s with the judge and I’ll receive it once it’s been done so not much help from them but I will try again for an update tomorrow afternoon or Monday morning thank you!! 

Niceonej

2 pictures showing dwp have put the effective date as 24/03/2023 however the date of outcome decision and when pip was stopped from was 24/04/2023 so not sure how they’ve got that wrong when they are the ones who stopped it in the first place. 

Niceonej

Above is the judges decision notice. 

Newcad

Ah I see,

It is just a possible* mistake with the dating then, rather than the DWP trying to avoid backpayment altogether.

That's annoying but it should be corrected before anything else happens regarding making any backpayment.

The judge will now have to satisfy himself which is the correct date and which is the error, or if there is any error at all.
*The date that a decision was made and the date that the decision is effective from can be different.

Niceonej

Newcad said:

Ah I see,

It is just a possible* mistake with the dating then, rather than the DWP trying to avoid backpayment altogether.

That's annoying but it should be corrected before anything else happens regarding making any backpayment.

The judge will now have to satisfy himself which is the correct date and which is the error, or if there is any error at all.
*The date that a decision was made and the date that the decision is effective from can be different.

I see that’s great thank you. More work for the judge then but at least it’ll be sorted eventually lol. Thanks for your replies.