Is it possible that I will need to pay my PIP back to the DWP? Currently awaiting Tribunal.

MrsJ1995

Hi, I'm not sure if anyone will be able to help with this, but it's worth a shot...

I am currently waiting for my Tribunal. After my assessment, I was awarded standard rate daily living. I challenged this in my MR, explaining that I felt I was not awarded points that I should've been. I also explained that I was given points in areas that I don't think I should've been, as my difficulties had been misunderstood. (I know this is a risky approach but for me personally, it was the right thing to do as I want the record to be straight on what my difficulties are and what they are not). Overall, I was arguing that with those changes, I felt I should be awarded enhanced rate daily living and standard rate mobility. No change in outcome following my MR so I appealed to tribunal.

In the DWP response to my tribunal appeal, the person explained that they'd looked at all correspondence and asked the tribunal to take away the points I felt I shouldn't have and thus not award me any PIP at all. But as the original decision still stands, I have been receiving standard DL throughout this whole time.

My question is if, in a worst case scenario, the tribunal find I shouldn't be awarded any PIP, will I have to pay back all of the PIP I've received? I have been setting it to one side in case I do have to pay it back, and keeping a record of the amounts.

Thanks in advance for any help.

poppy12345

I would say it’s unlikely that you would owe them any money. If Tribunal score you enough for Enhanced in both then DWP will owe you money. 

Do you understand the descriptors fully ? Many people do not understand and then think they scored points where they shouldn’t have. 

HillStreetBlues

I  think the DWP have messed up big time asking the Tribunal to remove points.
Basically they are trying to appeal their own decision!  They are admitting assessment & results are wrong.
I don't think the Tribunal with have any option than to totally ignore the assessment & the DWP decision and just base everything on your form or more likely the evidence you give. 

MrsJ1995

Thank you both!

@poppy12345 - yeah, I fully understand the descriptors and what is meant by specific terms within them. I'm just wondering whether I should keep the money that they've paid me so far to one side, in case I have to pay it back, if this is a possible outcome (all be it an unlikely one). I could do with using that money now, but obviously don't want to be in a position where I owe them money I no longer have.

I didn't know whether there's anything official about when, under what circumstances, you are required to pay back money to the DWP.

born_again

TBH, if you can keep it on one side without causing hardship for yourself, then I would (high interest savings). But do not think that tribunal will look on DWP argument with much respect.

Muttleythefrog

Agree with above... at face value it seems odd for the DWP to challenge their own decision in effect after appeal submission by you... unless of course that appeal submission undermined their decision and your case (e.g. you'd said you need help to take medication and they'd agreed but in your submission you say you've not been taking any medication.. silly example but you get the drift). As another poster points to... it somewhat undermines their own evidence/decision making which will be in the paperwork. I imagine the tribunal will bring a voice of reason and clarity to the 'nonsense'... good luck.

Newcad

If a tribunal is minded that they should possibly reduce, or remove entirely, what has currently been awarded by the DWP then they usually warn the claimant of that possibility before going any further, and adjourn so that the claimant can take further advice.

The claimant then has a chance to withdraw their appeal and stick with what the DWP has already awarded, or continue with the risk knowing what the tribunal is considering they might have to do.

It doesn't happen very often, tribunals don't often think they might need to reduce or remove awards, but it does happen.

PS. If you are putting the PIP money aside then be careful if you claim any Income Related benefits (UC, IR ESA, HB, etc) that it doesn't take you savings to above £6k or that will then affect your IR benefits.

HillStreetBlues

born_again said:

TBH, if you can keep it on one side without causing hardship for yourself, then I would (high interest savings). But do not think that tribunal will look on DWP argument with much respect.

No need to put the money away.
There are standard warning that you can lose an award by a Tribunal, but it's standard practice to warn again a claimant if they are considering reducing an award, so the claimant can withdraw the appeal. If that happened the appeal would end as the DWP can't appeal against their own decision.
If after the warning the OP pressed ahead with the appeal and lost the award, then any monies paid aren't recoverable as long as the OP has been honest.

PIP works on the rules that official error aren't recoverable, and the original decision if incorrect would be classed as official error.

MrsJ1995

Thank you all for your responses, that’s really helpful to know and consider going forward