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Back pay

kay14

hi just need to be clear I claimed for pip 2/2/23 got refused and appeal refused , I made a new claim in sept 23 and got awarded standard on both , two weeks ago I went to tribunal for the first claim and got enhanced on both parts for 4 years , my monthly money has now gone up , but they have only backdated from 2/2/23 to sept 23 is this correct, or should they pay the extra from sept 23 to now ?? X

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Comments

OverlyAnxious

This is a complex situation.

Usually the new claim over-rides the old one. So the tribunal back-payment from Feb to Sept '23 is correct.

However, I'm not entirely sure that you are now entitled to the increased amount from the tribunal. I thought that would have been stopped by the new claim in Sept '23. And you should just be getting the most recent award now, regardless of the tribunal outcome.

Hopefully one of the most knowledgeable members will see this and comment soon.

kay14

thanks I’ve had a letter this morning explaining that I do now get the higher rate and will be more back pay to calculate thanks for replying xx

OverlyAnxious

Excellent. Thanks for the update. 🙂

Jimm_Alumni

https://forum.scope.org.uk/discussion/comment/909842#Comment_909842

That's good. Usually when you make a new claim the tribunal only decides on the "closed period" between the two claims. So I was worried the DWP would fight and say that the second decision of standard should remain. Glad to hear they aren't fighting it and giving you enhanced on both. I imagine they know they'd certainly lose another tribunal.

kay14

thank god been going on nearly two years so stressful, I had a phone call on the first tribunal and nothing changed and the citizen advise solicitor sorted that the tribunal be held again , so I went to this one and to win it , so I urge everyone to go in person as scary as it is 😊 x