I have been waiting for the DWP to sort out my PIP for over 8 months and now MR

Philipfear637

I was registered with the NHS as a diabetic in the year 2013. The DWP added the disability on to the list of disabilities I have been told around the date of 2013. I was never written to by the DWP about my diabetes being added to the list of disabilities so never new I could claim the disabilities element on my legacy claim of working tax credit where those claiming this legacy benefit of WTC are being moved over eventually to Universal credit before 2024. I put in a claim for PIP back in June 2022 after getting evidence from my GP about my condition and medication prescribed and monitored by my GP and the diabetes team I am under from the LGI Leeds NHS. During and while waiting for the PIP assessment and decision maker on the application and some evidence I provided, I visited my GP for my regular diabetes check up and consequently my GP diagnosed me as having a mini stroke and called the paramedics and then Hospital. I waited over 11 hours to be seen and they were too busy to give me a scan and so I returned to my GP who was very annoyed and I went back and they then did a scan of my head and they told me the results would be sent to my GP. My GP was not happy because the NHS department did not do the type of scan what my GP he had asked for. Another MRI scan was arranged for me by my GP and the neurologist who's care I am now under at the LGI in Leeds West Yorkshire. I am waiting now for the results of the MRI scan I have now had and the diagnoses and any possible treatments they prescribe me. I also rang the PIP telephone contact to let them know I have had a change in my health condition and asked for a mandatory reconsideration of my PIP claim I sent  in to them in June 2022. I also asked by telephone call if they had received my letter asking for the DWP mandatory reconsideration on the evidence and doctors letter that I sent in to the Pip department in October 2022. I am still waiting for a reply from PIP and the DWP decision on the out come of the mandatory reconsideration. My next stage will be to go to the tribunal as I'm fed up of all this PiP and DWP nonsense that is making my health worse as they have been making things up as they go on and not taken a blind bit of notice of any evidence from my doctor I have sent to them.I think this is because the decision makers are not disability experts on how hidden disabilities affect people.

I received another letter back through the post from the Pip department in Wolverhampton dealing with the mandatory reconsideration of my Pip claim and not a single point on any descriptors were awarded. I applied to the tribunal and sent further evidence into the tribunal to help back up my Pip appeal. The tribunal sent a copy of my further evidence to the other side. 
I have had a recent phone call from the Pip department dealing with my pip appeal and the DWP assessor went through the discripters again and said there had been a mistake on there side and awarded me points to then award me Personal Independence payment. The DWP Pip assessor said that they would back date my Pip award to the original date of my Pip diabetes disability claim I sent them dated 6th June 2022. The assessor mentioned that although they had received the further evidence I had sent in they were only dealing with my diabetes and how that disability was affecting me in my daily living from the date i sent the claim in.
If I accepted the Standard award offered to me I was also told by the PIP assessor that I would need to send them a change of circumstance application and go through the process again for the further evidence relating to my Stroke which happened while waiting for the Pip decision.
I have accepted the Standard Pip award so that at least I am getting a Pip payment.
I am in the process of applying again to the DWP to ask them to re-consider the further medical evidence I have sent in to them which is available from my GP in relation to the change of circumstance of me suffering with a mini Stroke on top of my diabetes.
I do not still believe that the PIP assessor making the decision on my original Pip claim I sent to them in June 2022 and after appealing through the tribunal have looked at all the evidence I sent in to them available from my GP and Neurology department even though there has been a change in my health regarding suffering with a Stroke.
I had the Stroke while been seen by my doctor at the surgery attending my diabetes clinic assessment. My doctor sent for an ambulance and I was rushed into the Hospital in Leeds west yorkshire under emergency. I waited over 11 hours the first day to be treated at the Hospital and again the following day but it was too late to have the injection to stop brain damage. I had a CT scan and then MRI a few weeks later that was arranged by my doctor which confirmed damage to my brain tissue. 
When damage to a person's brain tissue is caused by a stroke it causes Cognitive Communication disability that affects speech communication,slurring of words,understanding and use of language (Aphasia) or clarity of speech (Dysarthria).
I believe that the DWP Pip assessor has not seen the written evidence or contacted my GP regarding the health circumstances that are related and mentioned in the original claim. My doctor has also mentioned that no one from DWP or PIP has contacted him regarding the further evidence supplied to the DWP that has been used in the process of deciding the amount of PIP from the descriptors or evidence used in the original PIP decision.
Although I have accepted the Standard rate offered by the DWP assessor for the time being so that I am now in receipt of the PIP award,I believe the Pip award decision awarded has not been fully assessed properly still and more points should have been added and given for the further medical evidence that has not been seen or included in the assessment of the PIP award.
From the available further evidence provided my me and my doctor to the tribunal the enhanced rate of Pip should have been awarded not just the standard rate of PIP.
I have added this information to this Scope forum to try and help others going through similar PIP claims,just to say do not give up although it takes a long time and there is loads of help from the tribunal who advise all the time.
I Know and put trust in the tribunal and people who support it so I hope now that the DWP decision makers make the change to the Standard rate and award the enhanced rate that I am entitled to. Ho I forgot to mention Im still waiting for the decision award letter from DWP although they have sent me a text message.
 

ladyluck

Wow! You’ve really been through the mill. Hope you’re feeling a bit better. 

Cher_Alumni

Hello and welcome to our online community @Philipfear637

Thank you for telling us your story. It does sound like you've been through an awful lot, and it's good that you've had a supportive GP looking after you throughout. Are you receiving following up care from the Stroke Team?

I wonder if some additional support from a Welfare Representative would be useful before going forwards with submitting a change of circumstances? They will be best placed to advise you on how to evidence you satisfy getting more PIP points and it will help alleviate some of the pressure, so you can focus on your health. If this sounds good, then please give the Advice Local website a visit, entering your post code, selecting 'welfare benefits' from the drop down list and scrolling to the list of organisations at the bottom of the next screen.

Thank you again for taking the time to fill us in on your situation. Your determination is to be admired!

Philipfear637

Hi to all

I have been viewing a few of the scope questions and answers regarding people claiming the Personal Independence payment. I have already previously added my own story regarding my own disabilities to the forum and would like to add the following to try and help others.
The PIP department dealing with many claims have there own rules set out by the DWP. Many do not understand the rules because they are very complicated. I personally think they are designed like that so many claimant's do not at the first port of call,fill in the PIP application correctly. The questions clients have to answer on the PIP application questionnaire are not designed for us to understand they are designed in such a way so that the assessor can judge on the type of disability or disabilities and how they affect that person in there daily living because we are all different. It also mentions that the assessment of the difficulties a person has or suffered with are looked at over a period of time from 3 months prior to the PIP application to sometimes 12 months after. So to put it bluntly that is sometimes why we do not hear about our claims for a long time. It is not always the assessor that gets it wrong on the assessment of the disabilities,they are only doing a job assesment based on the DWP assesment criteria set out by the DWP to save the DWP money.
In my case I had to appeal the PIP decision because they admitted that they had got my case all wrong. I eventually sent my case into the tribunal after Mandatory Reconcideration letter I received back had not been re-looked at and still 0 points on all descriptors. I sent in further evidence and also to the tribunal who were very helpful. The tribunal are there to help anyone with there claim so don't worry over that they are independent and look at the law on disabilities and how your disabilities affect you. Your medical history and evidence is also very useful in these cases so the tribunal get a picture about how your disabilities affect you in your daily living. Just before my court hearing the PIP assessor contacted me and said that after looking at my case again she could see a big mistake on there part had happened and apologised on the DWP behalf. She said that my original claim sent into the PIP department relating to my diabetes and associated disabilities  in June 2022 I have had since 2013 she could award me PIP for as the evidence she had looked at had been ruled on In the courts previously. So she then asked me questions again on how my disability affects my daily living using the PIP descriptors and added the points together so that the  PIP was an ongoing awarded in my favour.
When you are awarded PIP in these circumstances your award is backdated to the date of your first application like mine was. It also opened up other benefits I did not know I could claim. I was told by the assessor that although I had suffered with a mini stroke while waiting for PIP to make a decision on my claim dated June 2022 they could not decide on my mini stroke  which caused brain damage because this happened after my original claim. She did say though that I could  let them know of a change of circumstances and go through the process again,but this might risk the original decision they have awarded. I spoke to welfare benefits writes about this and they advised me to accept the original award but if my doctor says my disabilities are getting worse to then let PIP know because they might add more points on to the awarded ones so that you receive more help. As I am also a Director working with a disability and claim as a joint couple Working Tax Credit with my partner who has also been awarded Pip disibility I have noticed that some of these rules are different too. I read a court case and it was ruled after upper tribunal case that the judge ruled and mentioned that if you are a joint couple and you both are awarded Pip that both claimants in a joint couple claim of WTC would receive the disibility element of wtc because it was law based on the fact that each joint couple are already in receipt of the wtc because they were elegible and have both now been awarded pip and backdated to the date of the PIP claim date. WTC mentions that at least one of the couple should be working and get the enhanced rate of pip to get the enhanced rate of WTC. Not in the courts view,the judge ruled and stated that if both are already getting WTC as a joint couple and then are awarded Pip disability the law states they are entitled because they are already receiving wtc so the disability element should also be added to both the joint claimants weather or not that they get the enhanced rate of Pip award. The court case is on file for anyone to see,so it's worth the research if you are waiting for WTC to make a decision on this point of law.
The law is the law and the judges make these rulings like this after looking at the evidence of those clients, the rulings are there to help people like us get what is rightfully awarded in law.
I have contact wtc to let them know that both me and my partner have been awarded Pip so now the disibility element x2 should be added shortly to the original WTC legacy benefit joint claim because of the judge ruling on wtc benefit entitlement. I am also in the process of renewing our joint couple wtc form which is being sent out by WTC and that has to be filed before the July 2023 deadline,so those on joint claims of wtc or similar don't forget the deadline date to renew your wtc.
Legacy joint wtc clients will be moved over to UC before 2024 but if you are already on legacy the DWP or WTC or HMRC will migrate you over on a protected migration,just make sure if you do it yourself check first to make sure it's right for you as you can not go back to WTC if you migrate over yourself,just get advise first so that you do not loss out. I hope that some of this advise helps others in there challenges with the many hurdles we have to jump and rings we have to run around.

[Removed by moderator - personal information]

calcotti

Philipfear637 said:.

Legacy joint wtc clients will be moved over to UC before 2024 but if you are already on legacy the DWP or WTC or HMRC will migrate you over on a protected migration,just make sure if you do it yourself check first to make sure it's right for you as you can not go back to WTC if you migrate over yourself,

UC is managed by DWP.
For the avoidance of doubt. Claimants will not be ‘moved’ to UC. They will be told that their existing benefits are ending and they will need to make a claim for UC (Managed Migration Notice).

https://www.gov.uk/government/publications/tax-credits-and-some-benefits-are-ending-claim-universal-credit

Once the UC claim is made there is transitional protection which will ensure that on the first of the UC award the total benefit should be not less than the previous benefits.

Philipfear637

I have not posted in a while but due to some recent changes sent to me by the Working Tax Credit department I thought I would ask a few questions about my rights. Here goes then.I claim working tax credit as the rules state that if you live with a partner as a couple you have to claim as a joint couple,so I did on the original WTC claim many years ago so it's a legacy claim now and soon to be moved over through the migration process. So while I have been waiting for this move over to happen,last week my wtc payment did not get paid into the usual bank account as normal. A letter then came saying that the WTC has stopped as they say I am not elegible for WTC. I rang up WTC to question why this letter was sent to me and the WTC officer who I spoke to said there has been a mistake and my wtc account had not been updated. He said he would update the account and I've to wait a couple of weeks and it will be sorted . In the meantime I noticed I could not access my working tax credit account through my personal tax account and all my payment data I could view previous had vanished. I asked WTC about this and they said they could not do anything yet until things get updated. Another letter came from WTC saying I was elegible and payments would continue,so I waited till today Thursday to check the account for payment and again no payment again,two payments missing. Another letter came in the post today stating my WTC joint claim had been stopped due to changes in my circumstance. Another letter came also from Leeds Council regarding our housing benefit,saying they had received a note from WTC that they had stopped our claim. They then said that would also affect our housing benefit and council tax benefit as we were no longer entitled. I am in the process of trying to get help over this because both me and my partner have been awarded Pip disability award a while ago through a tribunal process and WTC disability element was added to our WTC claim backdated to the date of the Pip award we both get. The recent WTC letter stated that they are going to recover all the  payments made to us both because they state we were not entitled to the working tax credit during the two year period and we have to pay back the wtc they have paid us. When our pip award was being sorted through the tribunal process a DWP officer rang me up and said they were sorry they had made a mistake and so they said they would award an ongoing award of pip to both me and my partner but her pip claim includes the mobility too. An extra disability element payment was added to the joint working tax credit claim too as I claimed that as a joint claim as per the rules. I am the working director still working with a disability during the hours the business is advertised as open Monday to Saturday so that is 48 hours and I add two hours book work.Total hours 50 declared to WTC, so me the director works with a disability during the hours the business is open.I live with my partner who is the other shareholder of the business with 25% shares and named as the original secretary me the working director having 75% living together as a couple, we have lived as a couple for many years. My partner has reached pension age having wait an extra six years as a Waspi woman for her pension which she gets now. I reported this to WTC through the HMRC app on my mobile when she reached pension age and started to get her pension through. I think WTC have said we are not elegible because my partner gets her pension now but I'm not sure as they have not said the reason only that I don't get a wage,directors do not have to take a wage. When I read the rules on this it said that if you are in receipt of working tax credit because of low income you are entitled to payment and the disability element which was being paid up to last Thursday when it stopped being paid. On my recent WTC renewal I sent in through the app the micro data was accepted,I have just to send confirmation into Companies House like I do every year. This micro data is live at Companies House for Limited Companies and the registered named officer director owner of the company,I am exempt being a micro I don't have the accounts audited but I have told WTC and HMRC the income for me and my partner's pension she has received as other income. I can only think they have made a mistake with our claim. I have also read that if you are awarded Pip disability payment you are also entitled to housing benefit and council tax benefit like we have been getting because of the WTC claim but now they say that wtc payment has stopped.The WTC payment has been stopped for what ever the reason, as wtc have not told us the reason why, only that they are saying we have to pay back for the last two years of payments we have received in the recent letter today. I am going to ring them again tomorrow to find out why they have stopped WTC payment as the officer I spoke to in the phone said he would sort this out because I am still the working director working with a registered disability and we still live as a couple both with disabilities. I know there is a lot here but after being awarded Pip after going through a tribunal process where DWP contacted me and the tribunal after an awarded of Pip in my favour and also DWP awarded my named partner I live with in a joint couple an award in her favour I can not believe the mistakes that keep happening with our claims. We have been waiting for the migration letter from DWP telling us we are getting moved over from our legacy benefit but our WTC benefit has stopped being paid and that is the reason I have been told by a WTC officer why I can not view it through the HMRC app until they sort this out,at there end they say. I have sent in another M R letter request on the WTC decision letter like the recent wtc officer told me to do which has been sent to a different postcode he gave me over the phone to send it to. After all there mistakes they have sent another letter to us which says that we have to pay back over £7000 over payment of wtc they have paid us over two years. We have the award of wtc letters we were sent over that period that stated we were entitled to working tax credit payment. The working tax credit disability element was added by the DWP because we were entitled through getting Pip awarded through a tribunal process which then they added the extra WTC disability element to our claim as per the DWP own rules. I had also notified WTC,HMRC,DWP through the HMRC app of the award of benefit changes through the tribunal process where we had received a letter from the official tribunal and the DWP that said awarded ongoing Pip in my favour and also my partners Pip claim because of her disabilities ongoing Pip was also awarded in her favour through the tribunal process. We are now waiting for the DWP to sort this out.

poppy123456

I found that extremely difficult to read because of lack paragraphs, sorry. WTC is based on earnings received during the previous tax year unless there's a £2,500 difference and then it's based on the current years earnings.

WTC is complex and i'm not as knowledgeable with this as i am with other benefits. For this reason and because i can't see any of your paper work i'd advise you to get some expert advice from an agency near you. Start here https://advicelocal.uk/welfare-benefits

Housing benefit can still be claimed without a WTC award but it will depend on your joint circumstances whether there's any entitlement.

Philipfear637

I don't fully understand why my first post has been removed by a moderator saying because it's personal. Obviously some of the post is personal but what other way can you try and explain my experience dealing with Pip and WTC and the DWP using the truth on how both me and my partner who live together as a joint couple with disabilities have been treated.
The way these letters are written by these departments saying we are not entitled to benefits without checking there own systems is outrageous. When the benefit award was awarded they sent out letters to tell us so. That means when or at the time benefit is awarded they should have made the information checks before any letters are sent out to the client. The award of WTC disability element was added because Pip was awarded thus entitlement of the WTC disability element was added to the clients benefits claim as per the DWP rules. The claimant did not add the extra element to the WTC claim it was done by the DWP officer because of the tribunal case awarded to the claimant by the DWP where it stated in the letter and I quote " an ongoing award has been awarded in the clients favour.
Because the wtc payment has been stopped for whatever the reason,the DWP or the officer have made a massive mistake and broken what they told the court tribunal by letter and I quote from the court tribunal letter sent to me that" the DWP have awarded ongoing award to the client in his favour"
So after everything they have stopped our working tax credit which had the disability element added because of the ongoing award of Pip awarded by the DWP. Because our WTC legacy claim is close to the migration date we think the DWP is trying the lowest of the lowest tactics of accusing claimants of not being entitled of the benefits the DWP have awarded. This is contrary to the tribunal letter the DWP sent to the tribunal and the client in the Pip award letter saying award in favour of the client or claimant. The DWP have just  not checked there own system and are in breach of the tribunal process if they do not put back the claimants WTC payment including the WTC disability element that was added by the DWP because of the claimants both getting the ongoing award of Pip.
This is grounds for another court tribunal case and I don't think the tribunal will be happy in the way the DWP, WTC,or HMRC have treated the claimant over this case that they say was awarded in the clients favour. They are now saying they want all payments of WTC to be paid back over the past two years which I have questioned and asked for a Mandatory Reconsideration of there decision where it is saying we are not entitled to working tax credit sent out to us by letter. So now waiting for a reply to the Two x WTC x MR letters I have sent to Working tax credit office. There is now four weeks of WTC payments missing and building up because this has not being paid by WTC. I estimate this to be a considerable amount which is adding up.So the sooner they sort there own mess out that they have caused by not checking there own system and what benefit award was awarded to the claimant and when,before a decision to stop payment of the WTC they are entitled to by the officer who stopped there benefit by mistake when they were entitled and have been for many years due to low income and disabilities. Sorry another long explanation. We have been asked through an appointment to visit the benefits office on Thursday this week,so I will update this page when we get some sort of answere to what mistakes have been made to our benefit claim. In the mean time my occupational therapist who visits me says because of what is going on with my benefits is affecting my health while I am going through treatments as an outpatient ,although I have   tried very hard to keep my company going.
Seems to me that although the government are trying to get disabled or people with disabilities back into work,they have not helped me with a disability trying to keep a perfectly good business going while I recover from my Stroke,Speech Problem, Dysarthria, Aphasia,brain tissue damage, and some cognitive health problem including bladder problem,all caused by my original long term health problem type two diabetes which I was diagnosed with in the year 2013 which is written in health records.

Philipfear637

I know the moderators are reviewing what I have written and I'm sorry it has taken me a while to login to my profile. I've tried to explain how me and my partner I live with as a Mixed aged couple who are also registered with disabilities have been treated. It is due to either the WTC or DWP or HMRC departments stopping our joint WTC  claim saying we were not entitled to WTC or the disibility element,which was not long after the DWP awarded it in my favour and who added the extra payment of disibility element to our working tax credit payment through the tribunal process awarded in both our favours on two separate Pip claims. We were both awarded Ongoing Pip by the DWP officers dealing with both Pip claims awarded in my partners favour on her Pip claim application dated August 2022 and also I was awarded in my favour my Ongoing Pip on the application dated June 2022. Once we had been awarded Pip in both our favours from the tribunal appeal we received a text message saying that we had been awarded ongoing Pip award.We also received our award letters from the DWP through the post which showed the points we had been awarded from the evidence we sent in and the descriptors points we were awarded. 
As we were awarded Ongoing Pip by the DWP on both our Pip applications in our favour, this then led to the extra disability element and the extra payment amount awarded on our joint Working Tax Credit claim because we were already in receipt of Working Tax Credit payment because of our low income.
Not long after the disibility element had been added to our joint Working tax credit payment, the payment into the account was stopped saying we were not entitled to working tax credit because of our change of circumstances.
I rang up working tax credit about the missing payment,and the officer dealing with our claim told me he could see a mistake had been made by the department with our claim as the data added by the DWP and extra payment awarded  had not been updated on the system which caused the change of circumstances to stop our payment and disibility payment awarded to us in our favour by the DWP department through both our tribunal appeal processes.
As a result of the system fault we have now received letters saying we have to pay back an overpayment of working tax credit for the two previous years of wtc payments we had received and paid to us from the working tax credit awarded to us by the DWP for the previous two years.
I have asked for a mandatory reconciliation on the decision made by the department to stop our entitlement of WTC, and the system fault causing this problem saying we had a change of circumstances ,when it was the DWP who awarded us the entitlement showing in our awarded letters for years. It was the department who stopped our payment and they acknowledge they had made a mistake with our awarded working tax credit and told us that should not have happened and would put our payment back into payment again.It was them who stopped our working tax credit benefit and disibility element payment into the bank account we use that was awarded to us, so they told us they would start the payment up again. That did not happen payment of the working tax credit did not start up again even though we gave them a few weeks,so we were then forced to claim Universal Credit as a mixed age couple.
As my partner in this mixed age couple UC claim gets her State Pension we claimed the LCWRA extra element and have been awarded that now for the health and disabilities, but we still do not know who it is they have awarded this health element to because we both get Ongoing Pip awarded to us by the DWP although the rules say the older person gets the LCWRA award and the younger one gets the carers element.
My partner and I in this mixed age couples UC claim was receiving Housing Benefit from Leeds City Council before that was stopped when the WTC was stopped. We received the housing benefit and council tax support because of our low income when we were getting working tax credit. 
I have sent numerous messages into the Universal Credit department asking for the payment department to add the extra carers element onto our Mixed Age Couples claim because we are entitled to get that extra element payment because both of us were awarded by the DWP department Ongoing Pip in two separate Pip claim applications awarded in our favour by the DWP.
We have been advised to keep sending journal messages,and we do but still can not see the extra carers element added to our statement yet,although what I have read is you have to wait five weeks. We put our Joint Universal credit Claim on to the system in September, we were advised that we did not need to do anything further because they were awarded of my disabilities. We both went as a couple to the jobcentre and took evidence to prove who we were. The officer said we don't need to do anything further but to only add each month to our joint journal any earned money. My partner spoke for me because of my Stroke causing my speech problem and other disabilities and told the officers that we both have disabilities,although my partner was getting her pension.
We came home again and a message on our joint journal said that the UC department had miss informed us and that we had to go down again to the job centre on an arranged date they sent us. I was also asked to prove my health from my doctor. I asked my doctor to supply a fit/sick note for the Universal Credit department, which he did and has done and advised me I am not fit for work.
Universal Credit then sent me a message through the UC joint journal saying they have asked for me to take a health assessment to establish what UC we are entitled to either LCWRA or LCW.
As my doctor has issued a fit/sick note which says diagnosed Stroke on it, which has been caused by my diagnosed long term diabetes.  My speech  therapist said my speech will improve and my occupational therapist who visited me has also said I'm not fit for work and done a written assessment of my health condition while I go through my health rehabilitation plan set by my doctor and neurologist and rehabilitation nurses.
I am also waiting for my appointment that is being arranged at the LGI bladder clinic but there is a long waiting list for appointments,so I'm just waiting for the letter appointment to come from the LGI department and while I've been waiting my nurses have arranged a bottle that attaches to my leg to catch urine so that I can rest at night.
I do not know what more I can do to get the right entitlement of benefit. I was advised by welfare not to risk getting more points on my ongoing Pip claim already awarded because I could loose all my ongoing Pip,so I haven't although I'm pretty sure they did not give me the right amount of points on the original claim but I was told not to risk what the DWP have awarded me because of the mistakes they made. Because of the mistakes by the department with both our Pip claims that is why we were awarded Ongoing Pip,which gives us both a ten year award it seems before it is reviewed. The rules are so complicated and while I'm still under my doctor who is looking after my health,all this mess with our benefits is not doing my health much good. The Universal credit we have been awarded is being penalised with an overpayment we do not owe and an amount is being deducted every month,it came about because of the mistakes made by the WTC and DWP department who made the mistake. We have asked for this overpayment to be removed from our account and compensate us with what we have lost because of the departments mistake made with our benefits we were entitled to being paid.
If after reading all this here I hope someone who knows the legality and how to get what we are entitled to from the DWP can help us with our claim.
I have been advised that because my partner has reached state pension age after waiting six more years as a waspi she might be getting some compensation from the government for her lost pension years, I've had to support her during that time when I was working and getting WTC while she has been waiting to get her state pension.

Philipfear637

I have just seen in the rules for couples claiming health disabilities that when both are living together as a mixed age couple and are awarded ongoing Pip award from the DWP in both there favours on separate claims through a tribunal process and the DWP award ongoing Pip before state pension age,then Ongoing Pip continues as an indefinitely. The younger person will be also entitled to the extra carer element payment to be added to the couples UC statement of entitlement because the younger person has not reached pension age but qualifys for the extra payment because he is in receipt of ongoing Pip award awarded by the DWP department in his favour.The Ongoing Pip awarded by the DWP also means the younger claimant awarded ongoing Pip award through the tribunal process does not need to do anything further by means of being assessed again by the DWP or health assessment services because the DWP have already looked at the evidence and assessed the claimant on his disabilities and awarded Pip disability benefit ongoing in his favour. The extra carers payment should be added to the joint UC claim on top of the LCWRA because both claimants on this claim qualify because Pip has been awarded to both mixed age couple on this joint Universal Credit Claim.This extra payment should be backdated to the date of the Universal Credit Claim date in September when the couple were forced into claiming UC and the LCWRA as a couple as both have registered disabilities backed up by there health evidence documented in there NHS health reports.

Philipfear637

I have left a message on our joint UC journal asking the DWP department decision makers to remove the overpayment of WTC that is being taken from our UC statement of account each month.

We were awarded ongoing pip through a tribunal appeal process on both applications.

The original Pip application decision on both Pip applications was changed by the DWP department decision makers dealing with the tribunal appeal process to an award of Ongoing Pip awarded by the DWP to both of us changed in both our favours.

We were also awarded the extra disability element of WTC which was added to our existing joint WTC claim that was being paid to us and confirmed by letter from the WTC and DWP.

Our joint working Tax Credit claim and payment should not of been stopped at the time it was because a decision was made to award Ongoing Pip through the tribunal appeal process awarded to us both which then led to the extra disability element payment being added to our joint WTC claim by the DWP because of the decision made by a different DWP officer or department dealing with both our Pip tribunal appeals awarded in both our favours because of the further evidence provided through the tribunal appeal process and already ruled case law.

When an award is changed by the DWP in the favour of the claimants,the new award overrules any previous decisions made or awards made by other benefit departments and WTC continues in entitlement and in payment because of the decision made in the favour of both claimants awarded by the DWP officer dealing with the decision made through looking and checking the evidence provided through the tribunal appeal process which has been accepted by the DWP in the favour of both clients in this joint couple claims on separate tribunal appeals awarded in the claimants favour by the DWP department decision makers.

The DWP departments decision maker also confirmed the decision change to an award of Ongoing Pip in favour of the claimants on both separate Pip claims.

The claimants working tax credit should not of been stopped by the department who stopped the joint WTC payment especially when the DWP had made the decision to award Ongoing Pip to both of the joint couple on separate tribunal appeals in there favour confirming that in award letters.

The DWP decision maker overruled any other departments decisions in the favour of the claimants and awarded Ongoing Pip because of the mistakes made with the original Pip claims admitted by the DWP officer dealing with the Pip tribunal appeals.

The Officer dealing with the couples WTC claim should not of stopped the claim or payment because entitlement continues when an award decision is made through the Pip tribunal appeal process in the favour of the client as evidence had already been looked at and decided in the favour of the claimants at that time.

Because the new ongoing Pip award decision data had not been added to the system at that time a decision that was missed by the officer or system stopping the WTC payment has created an overpayment of WTC the department says is owed back.

The claimants were entitled to WTC at that time it was stopped by WTC,HMRC,or DWP,error made or decision made because when an overruling of a Pip decisions is made in the favour of the claimants on both claims overrules any other decision made by other departments and WTC payments continues especially when added by the DWP through the tribunal appeal process.

The UC joint claimants have now received a decision from the WTC mandatory reconciliation decision maker they sent in to WTC department which says they will not change the decision made.

Again they have not looked at the decision already ruled on in case law where if a decision is changed in the favour of the client by the DWP then this overrules any other departments decisions and WTC entitlement has already been confirmed and also awarded in the favour of the claimants because they have been awarded ongoing pip in there favour and because they were already receiving the WTC payment before it was stopped by mistake or error made by other departments not looking at the evidence and decisions made previously on other benefit entitlements made through the tribunal appeal process made in the favour of both claimants in this joint couples benefits claim.

We are now waiting for a UC decision maker to look at the evidence from the DWP added to the system that was missed by other departments.

We are asking the DWP department to make the decision to remove the WTC overpayment being taken each month from our joint UC statement by WTC because of the error or mistake they have made by stopping the WTC when they did at that time the mistake or error was made.

The DWP has already overruled the original decision and have awarded us Ongoing Pip to us both through separate Pip applications made because of the mistakes made with the original claims and confirmed this by award letters.

The WTC decision maker has missed the DWP department decision makers decision to change the original Pip application to an award of ongoing Pip in the favour of the claimants made through the Pip tribunal appeals process on separate Pip claims. So because of this decision made by the DWP department then as per the rules entitlement to Working Tax Credit continues and the decision overrules any other departments decisions.

The WTC payment entitlement should have continued and because it was stopped by another department officer or error by not checking the data already on the system at the time it was stopped caused both the claimants to loose WTC payment benefits they were entitled to that was confirmed by the award letter they received through the post at the time of the WTC renewal they confirmed by phone.

As the couple have both been awarded UC since 18 September 2023 they can not go back to there Working Tax Credit claim and disability element awarded because they were forced to claim UC when the WTC payment was stopped by a mistake made with there claim.

We are asking the DWP to pay back to us the missed payments of WTC we were entitled to up to the date we made a claim for UC 18 September 2023. We are also asking the DWP to overruled and stop the overpayment of WTC being taken by WTC department from our joint UC statement of account and to stop pursuing us for the WTC overpayment we do not owe.

We dispute the decision to stop our joint WTC as we were awarded and entitled to WTC payment when it was stopped because of our Pip tribunal process appeals awards awarded to us both on separate tribunal appeals made in our favour by the DWP officer dealing with the tribunal process appeals we both made.

The original Pip applications we both made on separate tribunal appeals were changed to an Ongoing award a decision made by the DWP DEPARTMENT in our favours.So our WTC claim entitlement and payment should have continued as per the rules and decision made by the DWP department dealing with both tribunal appeals a decision made by the DWP in our favour and confirmed to the tribunal and us by letter.

poppy123456

@Philipfear637 that's extremely difficult to follow, sorry. WTC has nothing to do with DWP, although yes the debt has been passed onto them from HMRC, it's still a debt owed to HMRC. For this reason it's HMRC you need to contact and not DWP.

I'd advise you to get some expert advice from an agency near you for the WTC issues you have. This link will help you find an advice agency that's local to you. https://advicelocal.uk/welfare-benefits

Sometimes situations are just too complex for any internet forum and this is one of them.

Adrian_Scope

Good morning @Philipfear637. Just to add to @poppy123456's advice, while you are disputing the overpayment it may be worth you getting in touch with DWP Debt Management and asking that they pause your repayments.

DWP Debt Management contact centre
Telephone: 0800 916 0647
Textphone: 0800 916 0651
NGT text relay (if you cannot hear or speak on the phone): 18001 then 0800 916 0647