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Hi, my name is richarj1

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richarj1
richarj1 Community member Posts: 6 Listener
I would be grateful if anyone can tell me what I need to do after a successful pip tribunal. I won my pip tribunal 2 weeks ago and was told I was entitled to the enhanced rate of personal care. My DLA and disability working tax credits were both stopped last October. Do I now need to submit new claims? DWP have not been in touch with me and tax credits want a copy of confirmation of entitlement from DWP.

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  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,665 Disability Gamechanger
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    Hi @richarj1 welcome to the community, I have moved your post to the Ask A Benefits advisor category and so hopefully you can get an answer soon
    Scope
    Senior online community officer
  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
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    Hello @richarj1 ,

    You should not need to take any further action. It should be automatic now.
    If you are concerned then you could phone the DWP but they don't move quickly. Two weeks isn't long by their standards.

    The HMRC Tax Credit people do not necessarily need a copy of the new award confirmation that will be coming. You can go on their web site and send a message quoting the court case reference number and result. Ask them to review your claim in light of the enhanced rate award. This is how I did it.
  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,100 Pioneering
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    Hi @richarj1,

    Have you heard any more news about your PIP payments following the successful tribunal? 

    I believe the average time for payments after a successful tribunal is around 6 weeks, but you could call them and check on the progress if you like.  The contact info for ongoing claims is 0345 850 3322.

    @BenefitsTrainingCo, do you have any advice?
    Liam
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hi richarj1,

    I would just echo the advice of everyone above. You don't need to make new claims. You should get your PIP backdated to the date your DLA stopped. Two weeks isn't very long in the DWP world and so I wouldn't expect it just yet. It's also possible (but unlikely) that the DWP are considering appealing further, to a higher tribunal, but if so you would be informed.

    Once you get confirmation of your entitlement to PIP from the DWP, you can then tell HMRC (tax credits), and your working tax credit should be reinstated too, assuming you are still working (and you will be due back payments to when it stopped). But as Markmywords said you could also give them evidence about the tribunal decision instead, before you hear from the DWP.

    As Liam says, that's the number to call for an existing PIP claim. There's no harm in asking, but at this stage it's not unusual that you haven't heard anything. I know it's frustrating, but in all likelihood you should hear within about 6 weeks at the most.

    Will 
    The Benefits Training Co:

  • richarj1
    richarj1 Community member Posts: 6 Listener
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    Thanks but they are considering an appeal and have applied for a statement of reasons. In the meantime I receive no payment. Tax credits are also refusing payment as they are waiting for confirmation from DWP. Really worried now as looks like case going to second tier tribunal. Any advice would be appreciated.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hi @richarj1

    I appreciate that this is a stressful time, but I wouldn't recommend jumping to the conclusion that the case is going to the Upper Tribunal, before the reasons have even come in yet - it is often the case that the DWP do not pursue an appeal after having read the reasons - after all they rarely attend the hearings and as such do not know what has happened.

    It's stressful and frustrating, but at this point, it's not out of the norm, and it would still be my expectation that your claim will be paid, unless you have any specific reason to doubt this would be the case.

    As regards re-claiming, you are entitled to do this if you wish, but unless your circumstances have changed, I would not normally recommend this, as it is not likely to be needed. IF the DWP make an application for permission to appeal to the Upper Tribunal and this is granted, then perhaps you could re-claim then, but if you do this I would brace yourself for another appeal.

    Unless there is some specific concern you have about the decision that has been made in your favour, my feeling would be that you should sit tight for now.

    -Let us know if the DWP apply for Permission to Appeal.

    Kind regards,

    Mary

    The Benefits Training Co:

  • richarj1
    richarj1 Community member Posts: 6 Listener
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    Thanks Mary. Really is a stressful time. Can't find anyone who s gone to 2nd tier.
  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
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    The second tier only hears cases of errors in law. It is exceedingly unlikely that the DWP could successfully find the lower Tribunal at fault .

    I wouldn't put any store by the empty 28 day statements.
  • richarj1
    richarj1 Community member Posts: 6 Listener
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    Hi Mark, update. Still no news but get in from work today to a letter from DWP asking me for £30 from a social fund payment taken in 2003.
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