Question re backdating PIP

TechGuy81

Hello all.  Long story short, back in 2016 I was awarded 0 PIP points having been on DLA since childhood for profound hearing loss.  I was getting middle rate care and lower mobility DLA. Following a Mandatory Reconsideration, I was awarded 8 points for 'Communicating', thus qualifying for standard PIP Daily Living.  I wasn't entirely happy with this at the time, but I was terrified of losing it all again, so decided not to appeal.

In January this year, I wrote to DWP and asked them to look at my Award again, even though years had passed.  Since nothing had changed with my disability and needs since 2016, the only change I could think to report was that I had moved house in 2018 and fitted a fire alarm-activated strobe light in my bathroom. (However, I had mentioned in my original 2016 PIP application that I used such a device at my then address, so it wasn't really a "change".)

DWP conducted a paper based review and I did not need to attend an assessment this time. I am pleased to report that they have now awarded me 12 points for communicating, 2 points for washing and bathing, 2 points for mixing with other people and 10 points for planning and following a journey, thus qualifying me for enhanced Daily Living and standard Mobility, which I think is fair.

However, I was surprised to see that they have only backdated it to January this year, which seems unfair given that my condition and needs are unchanged since 2016. The wording states, "I cannot increase your award from an earlier date, as you did not tell us within one month of the change affecting your award."  Again, nothing has changed as such and everything I told them in the review, I told them in my original 2016 application and the subsequent Mandatory Reconsideration.  The only difference this time around was I sent in some supporting evidence from my wife and brother-in-law.  But essentially everything is the same as it was in 2016 and it seems to me that had they gotten it right first time around, I would've had more points all along. 

My question is, are DWP within their rights to do this, or is it just their typical "minimum we can get away with" tactic that they employed against me in 2016?  Is it worth asking for a Mandatory Reconsideration for the backdated amount?  I have worked it out and the amount they would owe me from 2016 is quite substantial, north of £10K anyway.  I am fully prepared to take it to a Tribunal if necessary.  

bg844

I assume this case has been treated as a change of circumstance. It is correct that they should only backdate to January, you have 13 months as an absolute maximum to submit an MR following a decision.

poppy123456

What you should have done at the time back in 2016 is challenge the decision, as you didn't do that then you're now out of time.