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    • Kellou
    • By Kellou 13th Jul 18, 3:54 PM
    • 33Posts
    • 3Thanks
    Kellou
    Disability premium
    • #1
    • 13th Jul 18, 3:54 PM
    Disability premium 13th Jul 18 at 3:54 PM
    Hi would be great if someone could advise please. Bit long but pleas bare with me. I was in receipt of dla up until April last year. I was asked to change to pip but lost claim I appealed and Iíve just won. Anyway while I was getting DLA hubby was getting a disability premium on his income support because his partner was sick, he was also getting career allowance for me( he also cared for my son but could only claim for 1 person. When my dla stopped he stopped getting the premium and carers allowance and was told he could claim the carersfor my son. Now Iíve won my appeal for pip we told to let income support know as this would entitle my hubby to the premium again. We have done that to be told that as he wasnít getting carers allowance for me while the pip was in the appeal process he cannot get the premium backdated which I donít think is right. I canít get to a benifits adviser and Iím no good at the calculators etc. I donít understand why he wouldnít be entitled to it. I am him partner he gets a certain amount extra because he is caring for someone(our son) but doesnít get a premium because he can only get that if his spouse or partner is sick or disabled(I am) and after winning the appeal thatís been back dated to last April surely that means that he would have been getting the premium last year if I had been awarded then. Please help this is al so cunfusing to me. I hope I havenít confused you guys to
Page 1
    • Alice Holt
    • By Alice Holt 13th Jul 18, 4:12 PM
    • 2,252 Posts
    • 2,626 Thanks
    Alice Holt
    • #2
    • 13th Jul 18, 4:12 PM
    • #2
    • 13th Jul 18, 4:12 PM
    Can you tell us exactly what happened with your husbands claim when your PIP claim was refused, together with dates.
    What was he getting, and how much.

    Where you claiming anything else as a couple - such as ESA?
    Last edited by Alice Holt; 13-07-2018 at 4:16 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • bigbill
    • By bigbill 13th Jul 18, 7:43 PM
    • 756 Posts
    • 444 Thanks
    bigbill
    • #3
    • 13th Jul 18, 7:43 PM
    • #3
    • 13th Jul 18, 7:43 PM
    Don't get mixed up with the Carer premium and the disability premium.

    The couple Disability premium is worth £47.80 and will be fully backdated to the new award date April 2017.

    The Carer premium is worth £36 weekly and is only paid if he has had Carers for your son (Which he has as he is still on income support) so he has already had this extra £36 during the appeal process.

    He has the option to stop the carers for your son and go back to being your carer and you your sons carer this will add an extra £36 weekly to the income support?
    • Kellou
    • By Kellou 13th Jul 18, 9:25 PM
    • 33 Posts
    • 3 Thanks
    Kellou
    • #4
    • 13th Jul 18, 9:25 PM
    • #4
    • 13th Jul 18, 9:25 PM
    [QUOTE=Alice Holt;74525033]Can you tell us exactly what happened with your husbands claim when your PIP claim was refused, together with dates.
    What was he getting, and how much.

    Where you claiming anything else as a couple - such as ESA?[/QUOTE

    Ok so my husband was getting income support and carers allowance this came with a disability premium and carers premium. When my my pip claim was refused(march 2017)my dla was paid til the following month the disability premium was also stopped along with carers allowance. CAB were helping us with pip and they said to ring all involved income support etc. My son also has a medical condition and was already getting pip my hubby was advised to claim carers allowance for him. In this time he was still having to care for me just like when he was getting carers allowance for me he was still having to care for my son. Anyway he did that and while Iíve been waiting since April last year for a appeal his been getting CA for my son along with IS with the carers premium only. I won my pip appeal in june(2018) and itís just been awarded by letter. They also phoned me and whist on the phone said to let other benifits know that my award has now gone through. He did this today to be told that he wouldnít get any back dated disability premium as his been getting a carers premium for my son. After looking online today these appear to be 2 separate premiums one for his partner being sick or disabled and one for the carers allowance. I know how much Iím going to receive in back dated from pip and it works out at 65 weeks worth. Iím sure he should receive the premium from the time my award started as he would have been getting it last year if the pip had been awarded in the first place. Hope that helps
    • Kellou
    • By Kellou 13th Jul 18, 9:27 PM
    • 33 Posts
    • 3 Thanks
    Kellou
    • #5
    • 13th Jul 18, 9:27 PM
    • #5
    • 13th Jul 18, 9:27 PM
    Also the only other thing I was getting was child tax credit and child benefit
    • Kellou
    • By Kellou 13th Jul 18, 9:59 PM
    • 33 Posts
    • 3 Thanks
    Kellou
    • #6
    • 13th Jul 18, 9:59 PM
    • #6
    • 13th Jul 18, 9:59 PM
    So he should get the disability premium back dated even though he was getting carers allowance and the carers premium for my son?
    • Alice Holt
    • By Alice Holt 13th Jul 18, 10:03 PM
    • 2,252 Posts
    • 2,626 Thanks
    Alice Holt
    • #7
    • 13th Jul 18, 10:03 PM
    • #7
    • 13th Jul 18, 10:03 PM
    He did this today to be told that he wouldnít get any back dated disability premium as his been getting a carers premium for my son. After looking online today these appear to be 2 separate premiums....
    by Kellou;
    Thanks for this information.

    My understanding is that the disability premium can be paid in addition to any carers premium that is payable.
    It can be backdated to the date the qualifying benefit (PIP) became payable when the PIP decision is awarded at tribunal.

    So, I think the DWP call handler is incorrect, and your reading of the situation is right.

    Since your CAB has been helping you with the appeal, I would confirm with them that what we think is correct; and the best way to get it in payment.

    I think it would be helpful to have the DWP decision in writing, then you can challenge that decision. Give them another ring, and if they tell you the same story ask for a letter confirming this or perhaps ask for it to be referred to a decision maker.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Alice Holt
    • By Alice Holt 13th Jul 18, 10:10 PM
    • 2,252 Posts
    • 2,626 Thanks
    Alice Holt
    • #8
    • 13th Jul 18, 10:10 PM
    • #8
    • 13th Jul 18, 10:10 PM
    If your CAB confirm it can be paid (and the DWP still refuse), then note the time, date and name of the DWP call handler and then perhaps make a formal compliant.
    This will escalate the issue to a dispute resolution manager, who has more clout than the call handler.

    Another route may be your MP.

    (Again after confirmation that my understanding that a disability premium can be paid in addition to any carers premium is correct.
    I'm sorry but I can't find any online confirmation to quote.
    Perhaps bigbill may be able to confirm / supply the relevant legislation or DM guidance)
    Last edited by Alice Holt; 13-07-2018 at 10:16 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Kellou
    • By Kellou 13th Jul 18, 10:39 PM
    • 33 Posts
    • 3 Thanks
    Kellou
    • #9
    • 13th Jul 18, 10:39 PM
    • #9
    • 13th Jul 18, 10:39 PM
    Thanks for this information.

    My understanding is that the disability premium can be paid in addition to any carers premium that is payable.
    It can be backdated to the date the qualifying benefit (PIP) became payable when the PIP decision is awarded at tribunal.

    So, I think the DWP call handler is incorrect, and your reading of the situation is right.

    Since your CAB has been helping you with the appeal, I would confirm with them that what we think is correct; and the best way to get it in payment.

    I think it would be helpful to have the DWP decision in writing, then you can challenge that decision. Give them another ring, and if they tell you the same story ask for a letter confirming this or perhaps ask for it to be referred to a decision maker.
    Originally posted by Alice Holt
    Thankyou so much. The info that Iíve found tell me that it is 2 separate premiums that can be paid separately to each other this does not go on who he gets carers allowance for. So yes he gets CA for our son but would get disability premium because Iím his partner and have a disability however he wouldnít get the disability premium for my son as his not my husbands partner so I really believe the person he spoke to is wrong. I will let you know what happens as soon as Iím able to talk to CAB who open again WEDNESDAY Thankyou again
    • bigbill
    • By bigbill 13th Jul 18, 11:00 PM
    • 756 Posts
    • 444 Thanks
    bigbill
    I think the problem is were all using the word "Backdate" when it comes to this extra couple disability premium, its not really a backdated premium (As there are strict limits on backdating) it's called a linked premium being claimed back to when your PIP was re-awarded from at the recent appeal and it will be fully backdated to April 2017.

    Very unlikely but remember the DWP have one month to challenge the tribunal decision this could delay the arrears if they choose to do this?
    • Kellou
    • By Kellou 14th Jul 18, 8:13 AM
    • 33 Posts
    • 3 Thanks
    Kellou
    Very unlikely but remember the DWP have one month to challenge the tribunal decision this could delay the arrears if they choose to do this?
    Originally posted by bigbill
    Do you mean they may challenge the pip decision? If so thereís no challenge itís been awarded Iíve just received my certificate of entitlement and payment dates. This is why I believe the disability premium should now be added to husbands IS and it should be paid from when my award was dated from (April 2017)!
    Thankyou for all your help.
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