PIP ‘MM Social Support Judgement’ & possible backdating of previous ESA/HB claims

Leanne66

Hi there,

I'm new to the forum and would like to introduce myself, my name is Leanne and I have a 26 year old disabled son who is practically blind (registered severely sight impaired) and is mildly autistic (diagnosed aged 7). He does have a little bit of sight left but has to have things right near his face to be able to see them. He receives PIP Mobility enhanced rate but not Daily care as he scored 7 points overall.

He used to receive ESA and Housing Benefit but for the last few years he has been working full-time (from home, doing admin for a family friend's building company). He saves up his PIP money to buy technology like a screen reader for his extra large laptop and video magnifiers etc. Except for his PIP he completely supports himself financially. To cope with his disabilities over the years he has 1:1 mentoring support and help from the NAS (National Autistic Society) online support group community.

My question relates to the PIP 'Social Support MM Judgement' in which some people weren't awarded enough points in the 'Engaging with other people face to face' descriptor. I believe my son was one of ones affected so I rang DWP last week to ask if he was one of the 'target claimants' on the list to be checked and they said he was. He scored 2 points on that descriptor despite sending a mountain of Social Support letters/receipts and documents. At his ATOS healthcare assessment this was reported as 'needs prompting'. I'm really glad his claim is going to be reviewed as the extra 2 points would mean an award of Daily Care for him but it has left me wondering about his previous ESA and Housing Benefit claims. He missed out on the SDP because he wasn't getting Daily Care and also his Housing Benefit was based on the 'shared room rate' rather than the 'one bedroom rate' it would be have based on if he'd been in receipt of Daily Care.

I'm wondering if anyone here knows how this will work please as any backdating of PIP payments should really include other related benefits (ESA/HB/UC etc) that were received at lower rates due to the DWP PIP error?

Thanks for taking the time to read my first message, hopefully it will also help others who have been affected by it.

Leanne.

poppy123456

If it changes his PIP award to daily living and he was living alone (or treated as living alone) while claiming Income Related ESA then yes he will be owed money from that for the SDP. 

For housing benefit if he was living in shared accommodation the rules for housing benefit are different and he would still only be entitled to the shared rate of LHA. He would only be entitled to the 1 bedroom rate if he wasn't living in shared accommodation. 

Is he now claiming UC as well as PIP?

Leanne66

Hi there Poppy,

Thanks so much for your very helpful reply.

He doesn’t receive UC as works full time now. He used to receive Income Related ESA and was living alone.

Regarding his previous HB, he lived in a one-bedroom rented flat (not shared accommodation).

Thanks again,

Leanne.

Rosie_Scope

Looks like you're in the right hands with Poppy @Leanne66, I just wanted to say hello and welcome to the community. I've popped your post over to our PIP section so that members can find it more easily. Hope you'll find the community friendly and useful

sarge19846

Hi all I've recently been looking at this decision an I was only awarded 2 point for being prompted to engage ect,but I have heard if you won at a tribunal you won't be entitled to any back pay,can anyone confirm this please?thankyou 

poppy123456

Leanne66 said:

Hi there Poppy,

Thanks so much for your very helpful reply.

He doesn’t receive UC as works full time now. He used to receive Income Related ESA and was living alone.

Regarding his previous HB, he lived in a one-bedroom rented flat (not shared accommodation).

Thanks again,

Leanne.

Question answered in your thread here https://forum.scope.org.uk/discussion/116031/pip-engaging-with-other-people-points#latest

poppy123456

Leanne66 said:

Hi there Poppy,

Thanks so much for your very helpful reply.

He doesn’t receive UC as works full time now. He used to receive Income Related ESA and was living alone.

Regarding his previous HB, he lived in a one-bedroom rented flat (not shared accommodation).

Thanks again,

Leanne.

If he was privately renting and he was under 35 then a daily living award of PIP would have meant 1 bedroom rate of LHA. 

Albus_Scope

sarge19846 said:

Hi all I've recently been looking at this decision an I was only awarded 2 point for being prompted to engage ect,but I have heard if you won at a tribunal you won't be entitled to any back pay,can anyone confirm this please?thankyou 

Hi @sarge19846 I believe Poppy answered this question on another thread?