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Back payment of housing after pip tribunal win

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LainieLou
LainieLou Community member Posts: 12 Listener
Hello.
I hope maybe someone can help me, please.
I claimed for PIP back in September 2021 before I became a pensioner. I started claiming my state pension in December 2021.
Between then and now one of my adult sons has been living at home.
My Housing benefit was docked over £400 per month because they said my son should pay it. (which he has)
Fast forward to Tuesday 9th May 2023, I had my tribunal and won the higher rate of daily living plus enhanced mobility. 
I'm wondering whether I will be able to claim back the 20 months rent paid (by my non-dependant son) I am still waiting for any PIP arrears of course because it's very early days.
Thank you ever so much
LainieLou

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,181 Disability Gamechanger
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    Once your PIP is put into payment then you can contact your local Authority and tell them you've been awarded PIP. You'll receive money owed from the start of your PIP claim (or when your son moved in if it was after the start of your PIP award)
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    Thank you for your answer. That's good to know.
    Today I received the formal results of my pip appeal in the post.
    It says in part - that I have an enhanced rate for daily living and mobility. It then goes on to say I am entitled from 23/03/2022 to 22/03/2027
    I'm really happy with the outcome but I'm very confused. I originally applied back in September 2021.
    Do the dates I mentioned above mean that any back pay only starts on 23/03/2022 or will the arrears go back to September 2021 when I first made my claim?
    Apologies, as I'm a bit confused with this, I've never been through a tribunal before.

  • poppy123456
    poppy123456 Community member Posts: 57,181 Disability Gamechanger
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    Was this decision from the first claim or did you claim back in 2021 and then start a new claim after that? That seems a long time to wait for a decision.
    If there were no other claims then you'll need to contact HMCTS because there's an error in the date and DWP will not start the claim from 2021 because of the error.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    Hi Poppy.
    Forgive me for taking so long to reply.
    I definitely applied in September 2021. It was 3 months before I became a pensioner so making a fresh claim in March 2022 wouldn't have been possible.
    However, although the claim was made in September 2021 - when I got turned down I just felt defeated and was going to give up. My daughter encouraged me to ask for a reconsideration which to be fair was possibly around March 2022 (I don't recall) I know I thought I'd run out of time but my daughter said due to backlogs with covid etc, I could still request a re-consideration.
    I'm wondering if as I'd dragged my heels a bit, the tribunal is going from my request for the pip to look at it again. I'm happy to go with their dates but just want to make sure.
    I hope I've made some sense.
  • Lou67
    Lou67 Community member Posts: 8,432 Disability Gamechanger
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    @LainieLou
    Hi well done on your tribunal win such a big relief for you.

    When I put a claim in on February 2017 I had to go to appeal but this didn’t happen until 2019 as I hadn’t put the appeal in for a right few months. I ended up winning but they had put down from 2018 I had to ring HMCTS as Poppy suggested to you, and tell them about the error in the date, they soon sorted it out and I received it ok. 

    I hope you get it sorted. 
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    I do apologise Poppy.
    Although I did phone to start a claim in September 2021, the actual claim wasn't started until March 2022
    I'm getting myself all confused. I thought it was to be back-dated to when I made the initial phone call.
    It all makes perfect sense now. The mistake was mine.
    I'm so used to being rejected by these people I was getting myself all anxious and self-doubting.
    Thanks so much for your kind patience and help. :)
  • Lou67
    Lou67 Community member Posts: 8,432 Disability Gamechanger
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    @laineylou
    Hi I might be reading this wrong but your payment should be back dated to the time you made the initial call. 

  • poppy123456
    poppy123456 Community member Posts: 57,181 Disability Gamechanger
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    What happened between Sept and March? It's usually paid from the date you rang to start your claim, unless you transferred from DLA.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    I've been going through my bundle and I've found this document which says:
    Date of claim: 07/09/2021 (I didn't fill anything out on that date. I just called them up to start the claim).
    Date of the initial assessment over the phone 14/03/2022 (I had the help of a charity support worker)
    she's now on 1-year sick leave.
    Date of outcome decision: 23/03/2022
    Date of reconsideration decision: 10/09/2022
    Date of appeal request: 05/10/2022
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    What happened between Sept and March? It's usually paid from the date you rang to start your claim, unless you transferred from DLA.
    I didn't transfer from DLA
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    The letter I received from the tribunal states that I need to get in touch within a month if I wish to question something ie: incorrect dates.
    Sorry to be a pest......do I attach the original document or can I attach a copy?
  • poppy123456
    poppy123456 Community member Posts: 57,181 Disability Gamechanger
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    LainieLou said:
    I've been going through my bundle and I've found this document which says:
    Date of claim: 07/09/2021 (I didn't fill anything out on that date. I just called them up to start the claim).

    You don’t need to fill anything out to start your claim because all of that is done during the phone call. 

    I can’t see how it’s been awarded from March 2022 because that seems wrong. You will need to contact HMCTS. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Squeakypips
    Squeakypips Community member Posts: 23 Connected
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    Send a copy - they didn't even want the original of my Doctor's writings.
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    Forgive me for not replying sooner.
    My mental health often gets the better of me.  :(
    Thank you for your replies, I really do appreciate your kindness.
    I got my copies of the documents together and posted everything they needed to the tribunal address on the evening of 22nd May.
    I haven't heard anything back from them yet. It does say in the letter from them that it can take 2 weeks for my communication to arrive. I assume that's because it's a PO Box address and it only gets emptied fortnightly.
    Should I phone PIP or just be patient? 
    Honestly, once I'd won I thought all this anxiety would calm down.
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    LainieLou said:
    I've been going through my bundle and I've found this document which says:
    Date of claim: 07/09/2021 (I didn't fill anything out on that date. I just called them up to start the claim).

    You don’t need to fill anything out to start your claim because all of that is done during the phone call. 

    I can’t see how it’s been awarded from March 2022 because that seems wrong. You will need to contact HMCTS. 
    So, as I've said before, I initially made the claim over the phone in Sept 2021.
    March 2022 is the date that I had my appointment with PIP (over the phone) to fill in my daily needs etc.
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    Correction.....Date of outcome decision: 23/03/2022 <<<<< That's the date that the tribunal has got mixed up with when it should have >>>>> Date of claim: 07/09/2021
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    I just couldn't cope anymore with this anxiety.
    I thought it best to grab the bull by the horns so to speak.
    I've literally just gotten off the phone with PIP.
    The tribunal was on the 9th of May 2023.
    PIP received the appeal results on the 10th of May and then on the 27th of May they received another update saying the claim was dated incorrectly and should go back to 07/09/2021
    The person on the phone said as soon as they can find out what's happening, they'll phone me back.
    He thinks I should be getting something in my bank by the 7th of June 2023.
    I'm relieved that the tribunal corrected the date.  :)
  • Lou67
    Lou67 Community member Posts: 8,432 Disability Gamechanger
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    @LainieLou
    Good morning I’m so pleased that it’s finally been sorted out to the correct date.
    Mind treat yourself to something nice once you receive your backpay.

    Take care ❤️
  • LainieLou
    LainieLou Community member Posts: 12 Listener
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    Lou67 said:

    @LainieLou
    Good morning I’m so pleased that it’s finally been sorted out to the correct date.
    Mind treat yourself to something nice once you receive your backpay.

    Take care ❤️
    Thank you ever so much.
    I appreciate your kindness.  <3
      
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