tribunal success - will I be backdated and should I inform IS? — Scope | Disability forum
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tribunal success - will I be backdated and should I inform IS?

disabledmom
disabledmom Community member Posts: 46 Connected
edited January 8 in PIP, DLA, and AA
Hi I won my tribunal last week increasing award from both low to both high.
this is my first claim. I claimed in 2022 sent forms in and they made the first decision in 2023 for lrc lrm and I appealed through MR and then tribunal.
my question is will I be backdated to the beginning of the claim form /or call.
or backdated from the first decision. 

Also I’m on IS do I inform them too
Tagged:

Comments

  • Beaver79
    Beaver79 Community member, Community Co-Production Group, Scope Member Posts: 15,620 Disability Gamechanger
    Hi @disabledmom Great news. Well done.  I cannot answer your question regarding IS perhaps another member will pick this up. Take care.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
  • poppy123456
    poppy123456 Community member Posts: 52,363 Disability Gamechanger
    You will receive the difference between your current award and your new award. If it was a new claim then it will be from the date you first applied. 

    As you’re claiming Income Support, that should already include the disability premium. Now you’ve been awarded Enhanced daily living then you’ll now be entitled to the Enhanced Disability Premium. Which will also be backdated to the start of your PIP award. 

    You will need to wait until the PIP award is put into payment for the EDP to be included. 

    Are you living alone or with other adults? 
    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.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    I have a partner on joint claim.
    and it’s my first claim 
  • poppy123456
    poppy123456 Community member Posts: 52,363 Disability Gamechanger
    Then you won’t be entitled to Severe Disability premium unless your partner is either registered blind or they also claiming a qualifying disability benefit their self. 

    The enhanced disability premium is £27.90/week for couples. Once your new PIP award is put into payment ring IS to tell them and this premium should automatically be added. 
    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.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    Hi there i have an update i rang income support and the first lady said i should be entitled to enhanced that was two weeks ago. Today a guy told me I'm not entitled to anything and I'm unsure why.
    I explained both me and my partner are claiming carers allowance. I've been awarded pip from tribunal I've already got backdated from that now.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    I understand we are not entitled to the severe element but 
    The disability and enhanced disabilty element i thought we would be eligible for.
  • poppy123456
    poppy123456 Community member Posts: 52,363 Disability Gamechanger
    edited January 23
    I disagree with the person you spoke to today. Who was it that you spoke to? someone from a call centre?

    You will be entitled to the disability premium of £56.80/couples, which you should have been claiming anyway because you already had a PIP award before the Tribunal decision, correct? 

    Then also Enhanced disability premium because you're claiming Enhanced daily living PIP as well as the disability premium. https://www.gov.uk/disability-premiums/eligibility

    Enhanced disability premium

    To get this, you must be under pension credit age.

    You must get the disability premium or income-related ESA, and one of the following:

    • PIP daily living component at the higher (‘enhanced’) rate
    • AFIP
    • DLA care component at the highest rate
    • Adult Disability Payment - daily living component at the enhanced rate
    You’ll also get this if you’re in the support group for income-related ESA


    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.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    I think i disagree too.
    Yes someone at the call centre
    Yes that's correct we have the Disablity premium but the lady said on the 8 Th we are eligible for enhanced.
    The guy said no enhance without any reason. He said i need to wait until April for new rate.
    Under enhanced we fall under having DP and enhanced pip for both
     Just left me scratching my head.
    Thanks poppy
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    The first lady said you will be backdated the EP and that was on the 8th.
    The guy today said nothing is written
    Do you think i should call again 
  • poppy123456
    poppy123456 Community member Posts: 52,363 Disability Gamechanger
    Sometimes those call centre staff make me want to scream. I'm fairly certain that the EDP would automatically be added because you're claiming the disability premium. I would ring them again tomorrow and hopefully you'll speak to someone a little more helpful.

    If it's not automatically added then it would need to go to a decision maker before it's awarded anyway.
    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.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    I will call them.
    He said nothing has changed. Today i checked we are getting the same amount of IS tomorrow before the tribunal.
    Hopefully it will be ironed out soon.
  • disabledmom
    disabledmom Community member Posts: 46 Connected
    Update!

    I called them and a person called back and said he will handle my case there and then. I am awarded enhanced and he sent the back payment.
    He was absolutely lovely. Thank you for your help
  • poppy123456
    poppy123456 Community member Posts: 52,363 Disability Gamechanger
    Great news! Glad you spoke to someone more helpful this time!
    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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