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Loss of DLA/PIP-related benefits

MatildaMatilda Member Posts: 2,616 Disability Gamechanger
I was receiving DLA care highest rate and mobility higher rate.  After re-assessment I have been awarded PIP standard rate daily living needs and standard rate mobility.  I assume that I will now lose pension credit, winter fuel discount, disabled class road tax, blue badge?  Fortunately, my car is my own, not Motability's.

I am going to appeal as I have very strong grounds.  If I win and am awarded enhanced rate both components, will the PIP itself and related benefits be backdated to the date that DLA stops?

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Received a letter today from the Pensions Service in which they state that my recent change in circumstances will not affect the amount of pension credit I receive.   As my only recent change in circumstances is the move from DLA to PIP, I assume this is to what the letter refers.  I also assume that I receive winter fuel discount because of the pension credit.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Matilda

    This change in your benefit from DLA to PIP will not affect your pension credit because your new award of PIP, whilst less than previously paid in DLA, can provide for the same additions in pension credit. The winter fuel payment is paid based on age rather than anything else and so this will be unaffected also. There is also a cold weather payment which is paid only in certain, very cold weeks, and this is paid automatically if you get pension credit.

    I hope you get the outcome you want following your appeal.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Thanks, David.  By winter fuel discount I mean the approx. £140 per eligible customer that is paid each winter direct by government to energy supply companies and which is then deducted from the customers' winter energy bills.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Matilda - this discount is part of the 'warm home discount scheme'. You're definitely eligible if you got the guarantee credit of Pension Credit on 10th July 2016. Some other people are eligible, but that depends on the electricity supplier. 

    As the Pension Service have confirmed, and David states above, your Pension Credit isn't affected by the change in DLA to PIP, even though you are getting lower rates of PIP than of DLA. Therefore you should continue to get the £140 discount. 

    Blue badge: the criteria are different once you have moved to PIP. You need to either score at least 8 points in the 'moving around' acitivity (if you live in England), or score at least 8 points in that activity OR at least 12 points in 'planning & following journeys' if you live in Scotland or Wales. It's complicated!  However, if for example, you live in England & you scored at least 8 points in 'moving around', leading to a standard mobility component award of PIP, that would be sufficient for the Blue Badge. 

    Road Tax: you're exempt from vehicle tax if you get the enhanced rate of the mobility component of PIP. Currently, you are not getting that. As you suggest, hopefully you'll be successful either at mandatory reconsideration stage (where you ask the DWP to look at the decision again - you need to do this before you can appeal) or at appeal.

    The difference between the higher rates of PIP and the lower would be backdated to the date of the decision if you win. 

    So for the time being, you have no exemption from road tax, but if you were successful, you could reclaim tax for the period covered by the backdating. This comes up a lot because PIP claims can take so long to be processed! The vehicle tax regs aren't very clear on backdating but my argument would be that you were 'in receipt' of the enhanced mobility component for the backdated period, even if only retrospectively. So it must be arguable that you have the right to be reimbursed vehicle tax for the period if you do get the enhanced rate mobility component backdated. 

    I'd start off by ringing the vehicle tax people about this (0300 123 4321), as you're going to need to arrange to pay for now. The only issue which seems to come up is that you may not be able to get a refund for any part months (only whole months). If you have any difficulties I would ask them about their complaints procedure & consider contacting your MP. I'd also consider complaining to the DWP because arguably, it's their faulty decision making process that will have caused you to lose out...

    I think that covers all your queries Matilda but do post again if there's anything else.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Thanks, Will. I scored10 points in moving around so I keep my Blue Badge.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Excellent. I'm glad to hear that Matilda. All the same, I hope you get the PIP decision turned so you can get your vehicle tax exemption too.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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