Advice needed.

Confusedniece

Almost two years ago I was made appointee for my uncle who has an acquired brain injury from a car accident at 18. His previous appointee my aunt died after a short illness. 

I have gone through the stress of dla to pip, resulting in us winning our hearing and my uncle being awarded a higher rate of pip and esa. 

My question is that given that my uncles brain injury has been the same for over 20 years, i believe that he has been assesed incorrectly and should of been on a higher amount of money of previous benefit. Is there anything I can do to look into this, or get old payments looked at, or is it a case of tough luck. 

Many thanks. 

CockneyRebel

Hi Confusedniece

It is great that you are your uncles appointee and have fought and won for him,
DLA and PIP use different criteria for awards and it might be possible that under the old system your uncle wouldn't have scored a higher rate. You might try CAB, welfare rights or any charity that deals with your uncles condition but I suspect that it is a case of tough luck

CR

atlas46

Hi Confused

It's great the you are looking after you uncles interest.

CR is right DLA and PIP have two different assessment frameworks.

But I am sure your uncle would pass both.

However, you have no avenue to pursue back payments under past or present welfare benefits Regulations (the rules).

If someone had and someone now have Enduring Power of Attourney, then the Court of Protecting might hear your case.

Yadnad

Confusedniece said:

Almost two years ago I was made appointee for my uncle who has an acquired brain injury from a car accident at 18. His previous appointee my aunt died after a short illness. 

I have gone through the stress of dla to pip, resulting in us winning our hearing and my uncle being awarded a higher rate of pip and esa. 

My question is that given that my uncles brain injury has been the same for over 20 years, i believe that he has been assesed incorrectly and should of been on a higher amount of money of previous benefit. Is there anything I can do to look into this, or get old payments looked at, or is it a case of tough luck. 

Many thanks. 

Hi and well done.

Could I ask how long is the PIP award for?
I only ask this as I have PTSD and frontal lobe damage following an incident involving guns and a baseball bat ( I was attempting to intervene and help shield someone from being shot)
It was a work related incident and I have IIDB for life purely of the mental health injuries.
However with PIP they have never taken either the mental health matter or the brain injury seriously. I only get 3 year awards (2 years before reassessment).