Personal Independence Payment Tribunal Appeal Decision

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  • poppy12345
    poppy12345 Posts: 17,950 Forumite
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    bigshorty40 wrote: »
    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.

    Yes, that's very true. You'll be able to claim for your partners SDP to be backdated for the time you weren't claiming CA. Once your PIP has be re-instated just give ESA a call.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    bigshorty40 wrote: »
    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.

    In that case you should be able to get double SDP all the way back to the first date on which you were both getting daily living PIP, will drop to one SDP from date you started getting CA but can then go up to double SDP again from date your CA ends. You should have a decent arrears payment!
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
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    I really appreciate your replies, you have both been a great help, thank you so much.
    As I've obviously got time before my PIP payments get reinstated then I will contact the CAB to confirm everything.
    As you said there does seem to be a significant arrears payment to be made, if they'd actually got on with this sooner then they wouldn't have had to pay out such a lump sum. I don't understand why it took them 9 months to review the decision??
    Many thanks again!
  • calcotti
    calcotti Posts: 15,696 Forumite
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    bigshorty40 wrote: »
    I don't understand why it took them 9 months to review the decision??
    It’s not unusual, sometimes longer. The tribunal service is overstretched by the volume of appeals. Of course if DWP made appropriate decisions in the first place there wouldn’t as many appeals. Well done for sticking it out and going through the whole process.
    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
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    I calculate the numbers to be as follows:
    While you were not getting PIP:
    Before you got CA – partner PIP £57.30, ESA £176.05. Total £233.35
    After you got CA - partner PIP £57.30, CA £64.60, ESA £147.45 (includes carer premium). Total £269.35


    Recalculated for you having PIP
    When you also get CA: - partner PIP £57.30, your PIP £79.95, CA £64.60, ESA £211.75 (includes carer premium and one SDP). Total £413.60
    Without CA: - partner PIP £57.30, your PIP £79.95, ESA £304.65 (includes two SDP). Total £441.90


    Given that you are getting income based ESA you should be getting maximum Housing Benefit (if applicable) and Council Tax Reduction anyway so I would not expect these to change.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
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    Many thanks for the detailed info on what to expect. It does seem more beneficial for both of us to receive SDP so will go through with that once my PIP payments get reinstated.

    I'm a bit concerned about the reply I received from the CAB regarding my situation. They have said that there could well be a chance that with the change around in benefits we could be put on Universal Credits. I've attached an image of what they have told me, I'd be ever so grateful if you can have a look for me and let me know what you think.

    CAB_zpsnf12quhi.jpg
  • bigshorty40
    bigshorty40 Posts: 59 Forumite
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    If the image is too hard to read, here's the copy and pasted version:

    Without knowing your financial situation I am unable to give you specific advice on the benefits you may be eligible for. Instead I can refer you to the Citizens Advice webpages which you might find useful.



    The CAB website has a useful Benefits Calculator which you can use to assess which benefits you would be eligible for, besides the ones you are already claiming. This calculator can be found at:

    Benefit calculators: what benefits can you get (EWSNI)
    https://www.citizensadvice.org.uk/benefits/benefits-introduction/what-benefits-can-i-get/

    You are in a Universal Credit ‘full service’ area, which means that if you are entitled to claim any further benefits you will need to make an online claim for Universal Credit. Universal Credit replaced the six ‘legacy’ benefits of

    · Housing Benefit

    · income-related Employment and Support Allowance (ESA)

    · income-based Jobseeker’s Allowance (JSA)

    · Child Tax Credit

    · Working Tax Credit

    · Income Support

    Information regarding this process and what universal Credit is about can be found at:

    Universal Credit in your area - full service (EWSNI)
    https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/Check-if-youre-eligible-for-Universal-Credit/full-service/

    Please note that any changes in your entitlement to ESA may result in your having to claim Universal Credit. Here is more information on moving from ESA to UC:

    Moving to Universal Credit from other benefits (EWS)
    https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/moving-to-universal-credit-from-other-benefits/
  • poppy12345
    poppy12345 Posts: 17,950 Forumite
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    The last part of paragraph 6 will be helpful to you here.
    http://www.cpag.org.uk/content/esa-uc
  • calcotti
    calcotti Posts: 15,696 Forumite
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    bigshorty40 wrote: »
    Please note that any changes in your entitlement to ESA may result in your having to claim Universal Credit.
    Regret to say that I think that is poor advice. I don’t see why changes to your ESA entitlement should trigger a need to claim UC instead.

    It is true that if you had a need to make a new claim for any of the benefits listed you would not be able to and would have to claim UC which would then end your ESA award. I did not get the sense from your post that this was likely.

    Disappointing that Citizens Advice did not offer to take your details from you and do some benefit checks rather than giving you a generalized response.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    edited 12 September 2018 at 8:49PM
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    OP

    Can I ask what you actually asked them? And who you asked?

    That looks like a reply from the general adviceline team who may be quite generic in their response. A benefit check would, likely, only be done face to face at the local office.

    Your situation is a bit complicated and, if this wasn't with the local office, I'd be inclined to contact them directly to see if you can get an appointment.
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