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peasgood3peasgood3 Member Posts: 9 Listener
edited January 2018 in PIP, DLA and AA
So GOOD news, we won our appeal and the tribunal back dated the enhanced rate to the date they stopped last year.

So we just rang motability and they were very pleased for us. It turns out that the next steps are - 

They update their system so that the "transition" period no longer applies and there is no recall of our car and you STILL get all the support - breakdown, tyres etc.

They confirm with the DWP (if the DWP has updated their systems yet) when they expect their next direct payment so that they can give you an estimate of "arrears" - this is the money they would have gotten directly from the DWP had you still been on the enhanced rate and not lost it. 

The back pay is paid directly to you, as the legal recipient of the benefit, which is why you then have to pay motability, especially if you have been paid the standard rate instead.

Motability then wait until they get their first direct payment again and send you out a letter confirming the "arrears" amount. DON'T PANIC

If they are receiving direct payments again, you should also have received your back pay (if the tribunal awarded your enhanced rate from the date the DWP stopped paying you the enhance rate).

If you have been receiving the standard rate, then your back pay will be the difference between the standard and enhanced rate (and if, like us, you used this money, then you may find your back pay is short of the "arrears"). DON'T PANIC

Fortunately Motability give you until the end of your orginal contract date to let you pay off this amount.

If your rate was stopped altogether, then your back pay should cover the "arrears" due, but you may still get time to pay to the end of your original contract date.

but DO get in contact with Motability as soon after your appeal date as possible - the direct number (as of 23/1/18) is 0345 1556011). They can then hopefully put your mind at reast.

Hope this post is really helpful to others in the same position.

One note - I don't know how it works if the tribunal decide the start date for the enhanced rate is later than the date they stopped (e.g they stopped in June but the tribunal says your start date should be July etc). You would definately have a short fall. I don't know why a tribunal would make that kind of decision when it involves a motability vehicle (scooter, car, WAV etc).

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