Personal Independence Payment Tribunal Appeal Decision

Options
bigshorty40
bigshorty40 Posts: 59 Forumite
in Benefits & tax credits
Hello Everyone
I have a couple of queries regarding my PIP tribunal decision that I would like some advice on please.
The original decision to not be awarded PIP for my health conditions was made by the DWP on the 6th January 2018. I went through the various appeals process to the point where it reached the First-Tier tribunal appeal. I received a letter from the tribunal service today to say that my appeal is allowed and that the decision by the Secretary of State made on the 6th January 2018 in respect of PIP has been set aside. As a result the notice said that I am entitled to standard rates of both daily living and mobility components of PIP.
I would like to know what actually happens now? Do I need to inform the DWP or anyone else of this decision notice? Also, will payments be backdated to the date when the original decision to stop my PIP award was made? Any information regarding these queries would be greatly appreciated.
Also, I currently claim Carers Allowance for my partner and was wondering how this might be affected or whether I should end the CA claim?
Any helpful advice and comments would be very welcome.
Many thanks in advance.
«134

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    Options
    bigshorty40 wrote: »
    Hello Everyone
    I have a couple of queries regarding my PIP tribunal decision that I would like some advice on please.
    The original decision to not be awarded PIP for my health conditions was made by the DWP on the 6th January 2018. I went through the various appeals process to the point where it reached the First-Tier tribunal appeal. I received a letter from the tribunal service today to say that my appeal is allowed and that the decision by the Secretary of State made on the 6th January 2018 in respect of PIP has been set aside. As a result the notice said that I am entitled to standard rates of both daily living and mobility components of PIP.
    I would like to know what actually happens now? Do I need to inform the DWP or anyone else of this decision notice? Also, will payments be backdated to the date when the original decision to stop my PIP award was made? Any information regarding these queries would be greatly appreciated.
    Also, I currently claim Carers Allowance for my partner and was wondering how this might be affected or whether I should end the CA claim?
    Any helpful advice and comments would be very welcome.
    Many thanks in advance.

    No, you do not need to inform the DWP of your award as the tribunal will do this.

    Your PIP will be backdated to the date when your previous PIP ended. This may take a while as the DWP has a month (at least) if they wish to appeal the decision. Most decisions are not appealed so do not worry about this, just a heads up about how long it might be before you get your back pay.

    As your OH is receiving at least mid care DLA/standard living PIP/AA then you would now be entitled to the couples rate of Severe Disability Premium with your ESA if, you are receiving income based ESA, you have no non dependents living with you(unless they also receive a qualifying benefit) and no one is receiving Carer's Allowance for either of you.

    So, if you receive income based ESA and have no non dependents living with you then you should end your Carer's Allowance and get the couples rate of SDP instead. You would need to inform the DWP of the change of circumstances and ask to be assessed for the SDP.

    Hope that makes sense!

    You can put your details into the benefit calculator on https://www.turn2us.org.uk to see what you would get with you claiming CA and without you claiming CA or go to CAB for a benefits check ( better off calculation)
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
    Options
    Many thanks for the prompt reply, and your explanation of the process make perfect sense. However just to clarify one thing, I guess I should wait to hear from the DWP about my PIP payments and from that point I need to cancel the Carers Allowance claim and ask to be assessed for the Severe Disability Premium, is that correct?
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    edited 6 September 2018 at 4:26PM
    Options
    Was this PIP decision related to a review of a previous PIP or DLA award or was it the first time you have applied? If the former the award will be backdated to when your previous award ended, as pmlindyloo says. If the latter it will be backdated to the date you rang the DWP to request the PIP2 form and start your claim.

    Either way you will get a backdated payment to cover the missing period. If it’s from January you can expect a payment around £3,000, more if the backdating goes back earlier.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    edited 6 September 2018 at 5:13PM
    Options
    bigshorty40 wrote: »
    Many thanks for the prompt reply, and your explanation of the process make perfect sense. However just to clarify one thing, I guess I should wait to hear from the DWP about my PIP payments and from that point I need to cancel the Carers Allowance claim and ask to be assessed for the Severe Disability Premium, is that correct?

    For the avoidance of doubt - the Severe Disability Premium (SDP) only applies if you are getting income based ESA.

    The following remarks assume that you are living with your partner and the two of you are on a joint ESA claim.

    You get the SDP by simply ringing ESA and telling them your circumstances. If there are no other adults in your household you will have been entitled to an SDP for yourself from the date your PIP award starts, assuming your partner was getting her PIP throughout this period. The SDP is £64.30/week. You can request it, with backdating, as soon as the DWP have confirmed your PIP award.

    If you end your Carer’s Allowance claim you will then also be entitled to an SDP for your partner. You do not have to give up the Carer’s Allowance because of the PIP award but doing so is likely to give you more money overall compared to keeping it going but because of the way benefits interact it would be sensible to do a benefits check as suggested by pmlindyloo. If you find the online calculators difficult to use your local Citizens Advice should be able to do the alternative calculations for you.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
    Options
    calcotti wrote: »
    For the avoidance of doubt - the Severe Disability Premium (SDP) only applies if you are getting income based ESA.

    You get the SDP by simply ringing ESA and telling them your circumstances. If there are no other adults in your household you will have been entitled to an SDP for yourself from the date your PIP award starts from, the SDP is £64.30/week. If you end your Carer’s Allowance claim you will then also be entitled to an SDP for your partner (this assumes that you are living together and the two of you are on a joint ESA claim). You do not have to give up the Carer’s Allowance because of the PIP award but Doing so is likely to give you more money overall compared to keeping it going but because of the way benefits interact it would be sensible to do a benefits check as suggested by pmlindyloo. If you find the online calculators difficult to use your local Citizens Advice should be able to do the alternative calculations for you.

    Wow, great reply there thank you.

    I think I will clarify a few points here to make sure you have the correct info to help you with your answer. To confirm, this tribunal appeal came about after having a previous PIP award stopped following an ATOS assessment, which I then proceeded to appeal against the decision. There are no other adults or dependents in our household, it is just my partner and I,and we get income related ESA as a couple. My partner is also on the standard rate of PIP daily living component, but nothing for mobility.

    Just so I'm clear on this, are you saying that I am also entitled to claim SDP for myself from the date the original PIP award was stopped? How do I go about doing this? Also, once my PIP payments have been confirmed then it would be wise to end Carers Allowance and then claim SDP for myself and my partner? Finally, as my partner has been receiving her recent PIP award for the last 4 months, should she have been claiming SDP for herself?

    Sorry for all the questions, I just want to know exactly where we stand and due to our conditions ad the fact we've never made claims until recent years, we find the whole benefits system very confusing. Many thanks again for your help so far and I will look at the benefits calculator.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    I suggest you wait until you have confirmation that your PIP award has been reinstated before contacting ESA.

    When you contact them you need to tell them
    When you first got the daily living part of PIP
    When your partner first got the daily living part of PIP
    When you started getting CA for looking after your partner

    For any period that you both had daily living PIP and you were not getting CA you are entitled to two SDP additions.

    For any period that you both had daily living PIP and you were getting CA you are entitled to one SDP additions.

    The above assumes that no one gets CA for looking after you.

    I think the double SDP will given you higher benefit income (about £28/week more) than having one SDP and continuing with CA even though you will lose the carer premium that is presumably included in your current ESA award. However I do recommend a full benefit check because you are in quite complicated territory because of the way benefits interact.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    I should add that once you are getting SDP if you or partner have your PIP stopped in the future make sure you tell ESA to avoid an overpayment.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 18,001 Forumite
    First Anniversary First Post Name Dropper
    Options
    bigshorty40 wrote: »
    Wow, great reply there thank you.

    I think I will clarify a few points here to make sure you have the correct info to help you with your answer. To confirm, this tribunal appeal came about after having a previous PIP award stopped following an ATOS assessment, which I then proceeded to appeal against the decision. There are no other adults or dependents in our household, it is just my partner and I,and we get income related ESA as a couple. My partner is also on the standard rate of PIP daily living component, but nothing for mobility.

    Just so I'm clear on this, are you saying that I am also entitled to claim SDP for myself from the date the original PIP award was stopped? How do I go about doing this? Also, once my PIP payments have been confirmed then it would be wise to end Carers Allowance and then claim SDP for myself and my partner? Finally, as my partner has been receiving her recent PIP award for the last 4 months, should she have been claiming SDP for herself?

    Sorry for all the questions, I just want to know exactly where we stand and due to our conditions ad the fact we've never made claims until recent years, we find the whole benefits system very confusing. Many thanks again for your help so far and I will look at the benefits calculator.

    1/ Your PIP will be backdated to the date of the original decision.
    2/ You can both claim SDP because you both have a qualifying benefit and there's no other adults living in the house.
    3/Yes, end the carers allowance for looking after your partner because the SD pays more.
    4/ No, as you were claiming carers allowance for her and you didn't have a PIP daily living award at the time, she wouldn't have been entitled to SDP.
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
    Options
    calcotti wrote: »
    I should add that once you are getting SDP if you or partner have your PIP stopped in the future make sure you tell ESA to avoid an overpayment.
    Thank you so much for clarifying that info for me, you've been a great help. I will make sure I get some advice from the CAB as well, just to be on the safe side.
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
    Options
    poppy12345 wrote: »
    1/ Your PIP will be backdated to the date of the original decision.
    2/ You can both claim SDP because you both have a qualifying benefit and there's no other adults living in the house.
    3/Yes, end the carers allowance for looking after your partner because the SD pays more.
    4/ No, as you were claiming carers allowance for her and you didn't have a PIP daily living award at the time, she wouldn't have been entitled to SDP.
    Thank you for your advice, much appreciated.
    As for your final point about the Carers Allowance claim, I have only been claiming CA for her for about a month now, yet her PIP award was renewed at least 4 months ago. Plus my PIP tribunal decision states that I have been entitled to PIP from the day my previous award was stopped back in January, so in theory this means my PIP award was never stopped, if that makes sense.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards