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Can the DWP backdate a decision ?

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2oldcodgers
2oldcodgers Posts: 743 Connected
Can the DWP when making a new decision following a review backdate it on the basis that they believe I should have notified a change of circumstances over a year earlier?

Comments

  • poppy123456
    poppy123456 Community member Posts: 56,976 Disability Gamechanger
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    If it's a review started by DWP then in normal times it's usually from when the decision is made that the changes take place. However, due to the large backlogs sometimes they have been known to backdate to an earlier time. Quite a lot of members here have received money owed if their new award is higher but not everyone.
    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.
  • 2oldcodgers
    2oldcodgers Posts: 743 Connected
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    Thanks. When you say backdate to an earlier time are you saying that it is back to when the review should have happened but due to the delays it didn't or do you mean an earlier date during when the current award is still in place?
    I have heard that they will backdate the award to a time when a current award is in place as they believe that based on the latest PIP review form info a change of circumstances should have happened in 2021 but the claimant failed to report it.
    The claimant started full time work/stopped engaging with their GP etc back in 2021 when their PIP award was still in place until this year. They are seemingly using info that was supplied on the current review form as evidence that they should not have had the PIP payments since 2021. The claimant has now been invited for a chat with the DWP to see what the extent of the level of deception is - failing to notify a change.

    I have no idea what they put on the current claim form but it looks like they may well have dropped themselves in the proverbial by indirectly admitting that since 2021 they should not have had the PIP payments.

    I only question this as it is worrying that if you inadvertently admit to something later the DWP will want the money back ie being able to walk further, being able to hold down a job which involves a lot of walking.

  • poppy123456
    poppy123456 Community member Posts: 56,976 Disability Gamechanger
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    Then this will be completely different, if they didn't report a change of health condition if they have improved enough not to be entitled to PIP. This is something that needs expert advice and far beyond what any internet forum can give. Even more so when it's 3rd party advice.
    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.
  • 2oldcodgers
    2oldcodgers Posts: 743 Connected
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    I entirely agree with you but it does show that the DWP are extremely diligent when reviewing PIP claim forms on the off chance that the claimant does somehow give away information which they ought to have kept to themselves - as they say, the past will always catch up with you.

  • poppy123456
    poppy123456 Community member Posts: 56,976 Disability Gamechanger
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    It's completely different when conditions have improved (so less points can be scored) if you don't report the changes to what it is if there's a worsening of condition.
    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.
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