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Author Topic: DLA to PIP starting date/backdating query  (Read 423 times)
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ElizaabethR
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« on: August 04, 2018, 08:50:57 PM »

Hi all. Can anyone help on this query.

Most of you will have seen my post about me getting a good result for my husband going from DLA to Pip. Enhanced care and enhanced mobility. He scored 23 &23!! To us this means approximately 100more a month.

Anyway the DLA ends 21 August  and PIP starts 22 August.


. I asked for claim pack on April 18 but the decision wasn't made until 24 July. Normally a new claim for something would be backdated to the day the claim was logged but in the letter advising of the award there was no mention of any backpay entitlement. I understand that DLA and PIP cannot run concurrently but why do we not get the difference between the old and the new for those "waiting" weeks.

Also the next 4 weekly DLA payment would be due on 28 August. DLA award stops on 21 August and the new PIP award commences on 22 August. That would mean there would be 3 weeks of the old award. Anyone know how this gets finished off. So we would have got 4 weeks worth of DLA on 28 August  but because of the PIP award kicking in before that then we should be due 3 weeks at the old DLA rate. Do you think we will get the 3 weeks DLA outstanding on the 21 August because the PIP starts on the 22Nd.?

Can anybody help with the queries?

Eliz x
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CeeDee
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« Reply #1 on: August 05, 2018, 01:32:19 AM »

Hi Elizabeth,
I saw your other 2 posts wondering if this one can be seen. I'm only posting to reassure you that it is visible on the board, it came up on my "Unread posts' list.
Sorry I've no idea what the answer to your question is, but until someone comes along that can answer, don't worry, your posts haven't gone missing in cyber space.
Congratulations on getting a good result for your husband. clap
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agapanthus
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« Reply #2 on: August 05, 2018, 07:07:02 AM »

Hello there Eliz. I did not know the answer to your first question so I googled it. I found the answer on the Benefits and Work Forum as someone else had asked the same thing. Unfortunately it seems that the legislation was written so that you do not get any back pay. I think the post also answers your 2nd reply. I have just woken up so my brain not fully in gear.....I will just copy and paste the B & W reply post below (from their forum) and hopefully it makes sense.

'It's defined in the PIP (Transitional Provisions) Regulations 2013

www.legislation.gov.uk/uksi/2013/387/contents/made

and in particular Regulation 17

In summary the rules are

- the DLA claim remains in payment for a further 28 days
- the PIP Decision applies from the day after the DLA ends
- there is no backdating if the award is higher under PIP nor is there any recovery of DLA if it is lower.

Both DLA and PIP are paid in arrears, usually four weeks in arrears, although some claimants had their DLA paid three weeks in arrears and one week in advance.

Feel free to argue your case with the DWP but do not expect to be successful, this has been challenged at the UTT and the legislation has been upheld.'

So.... it's been challenged at an Upper Tribunal level and it has been upheld.
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ElizaabethR
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« Reply #3 on: August 05, 2018, 07:32:00 AM »

Thanks aggie for the reply and the link to the legislation.  I understand the no backpay rule in this case. 

The other query about the final weeks of the Dla claim I'll ring Dwp tomorrow. Just need to know for my budget  how much the final DLA payment will be.
Eliz x
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agapanthus
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« Reply #4 on: August 05, 2018, 07:42:10 AM »

Ok Eliz. I hope you get some sense out of them!  fingerscrossed
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