Backdated PIP issue

mirror

 My son Had a large back dated payment from pip back dated for 3 Years stating he had been awarded higher rate Mobility , ive Not applied filled any forms onley 1 that was reced receved  3yrs ago shortly after he was awarded pip    saying you might be entitled to to higher rate i filled in for  my son and Never heard any more untill 3years Later then receved back dated amount  and award lette stating that they looked and decidead he was entiteld to higher rate  ive seenon a chat page elsewere that this payment would be classed as an error arreas over a sertan amount are dissregarded for life of the claim BUT HAW DO I GET PIP TO STATE ADMIT THIS was an error so that it is most    Certainly     Disregarded -Not counted as saveings i would be most grateful for advice help with this matter 

mirror

Sorry for mistakes  in my ubove post i can not edit my mistakes  been a verry long day 

Chloe_Scope

Hi @mirror and a very warm welcome to the community! I hope someone here is able to help you and offer some advice. 

If you need anything else then please let me know  

susan48

Call PIP to clarify the large back pay and ask for a letter confirming what it’s for etc.
this will put your mind at rest and if it is correct, buy something nice...

good luck and fingers crossed

poppy123456

mirror said:

 My son Had a large back dated payment from pip back dated for 3 Years stating he had been awarded higher rate Mobility , ive Not applied filled any forms onley 1 that was reced receved  3yrs ago shortly after he was awarded pip    saying you might be entitled to to higher rate i filled in for  my son and Never heard any more untill 3years Later then receved back dated amount  and award lette stating that they looked and decidead he was entiteld to higher rate  ive seenon a chat page elsewere that this payment would be classed as an error arreas over a sertan amount are dissregarded for life of the claim BUT HAW DO I GET PIP TO STATE ADMIT THIS was an error so that it is most    Certainly     Disregarded -Not counted as saveings i would be most grateful for advice help with this matter 

Any backdated money is disregarded for 1 year for means tested benefits. After this time it will be counted as savings/capital for any means tested benefits he claims. PIP isn't means tested.

mikehughescq

A longer disregard can be applied in cases of official error. The only issue really is what other benefits your son receives and his they might be impacted if he ever reached the point where the arrears were counted as capital.

mirror

 Ithank you fo your repliy help So once the dissregsrd is up -over the arrars would then be counted as capital  ? 

mikehughescq

Yes.

mirror

would i need to  proove   the dissregard  to other benifit my son is on esa? and if so haw 

poppy123456

mirror said:

would i need to  proove   the dissregard  to other benifit my son is on esa? and if so haw 

No there's no need to do that.

Topkitten

I am a little unsure if I understand what you are asking for but PIP payments are not taxed and not usually included in any income calculations. I suppose it is possible they could be considered as savings at some point but have no real knowledge of that.

What would concern me, in your place, is that it means that you probably haven't received other benefits commensurate with his state of health. I personally had to wait for my DLA to be sorted out and eventually had high rate mobility and medium rate care backdated 18 months but the amount I received, even though it was the full benefit not a difference in benefits, was nowhere near close enough to even the lower savings limit to be a problem. However, I should have been entitled to ESA for the same period and was refused any back dating of that at all. There was also some other things that should have been raised but I managed to get those sorted.

I am not sure if any of this helps but I hope that you get things sorted. It is disgusting that people are made to wait so long for the things they are entitled to.

TK

poppy123456

Topkitten said:

I am a little unsure if I understand what you are asking for but PIP payments are not taxed and not usually included in any income calculations. I suppose it is possible they could be considered as savings at some point but have no real knowledge of that.

What would concern me, in your place, is that it means that you probably haven't received other benefits commensurate with his state of health. I personally had to wait for my DLA to be sorted out and eventually had high rate mobility and medium rate care backdated 18 months but the amount I received, even though it was the full benefit not a difference in benefits, was nowhere near close enough to even the lower savings limit to be a problem. However, I should have been entitled to ESA for the same period and was refused any back dating of that at all. There was also some other things that should have been raised but I managed to get those sorted.

I am not sure if any of this helps but I hope that you get things sorted. It is disgusting that people are made to wait so long for the things they are entitled to.

TK

The other persons son is receiving ESA and is worried that the backdated money from PIP will be counted as savings. As advised in the comments, it's dis-regarded for 1 year.

Topkitten

Thank you @poppy123456.

There is a minimum amount of savings a person is allowed before benefits are affected and a maximum figure at which other benefits are stopped. I am completely out of touch with the numbers but I would think that the payment difference, even back-dated 3 years, would be below the lower figure as my full benefit back-date for 18 months was only a third of the minimum figure at that time. The numbers will be available somewhere I am sure.

TK

mikehughescq

I think we’re in danger of muddying clear waters here. All that matters is that the amount due is ignored for at least 12 months. 

mirror

Hi poppy123456  the back dated payment was High a letter was receved ive looked at your claim  and  decidead that i can award you enhanced rate  for help with daily living  needs form  16 sep 2013  i can award you enhanced rate mobility 16 sept 2013 this letter was receved august 2017v with total back payment is if correct that this is a error no forms no letters receved in last 3 years  appart from 1 i do remember shortly after he was awarded pip 3 years ago stating you might be entiteld to more help i filled it in and herd no more  untill august 2017(  Is it true that as the back dated payment  is an official error and as the back dated amount is  over £5000 that ( it is disregarded for the life of the claim and therefor can not be counted as  saveings sorry i hope this makes sence im under a lot of stress at the moment taking care of my son and allso have a doughter who is onley 32 and has incurable cancer 

deedag

Can anyone advise is there a deadline for claiming against an error on my PIP backdated payment as I believe it is around £600 short.  Having called PIP and let them know of the error they told me I am not able to raise this as an error and get the error looked at and corrected?  It has been just over a month to 6 weeks since I received the back paid amount.  In the case of ESA errors I know you have  60 days to register that payment is incorrect but PIP are telling me that I would need to go through Mandatory Reconsideration?  This seems ridiculous as the error is their administration error. 

deedag

Apologies - ESA allow for you to raise queries on a payment up to 60 days

mikehughescq

PIP cannot be backdated so presumably you’re talking about arrears. It’s also news to me that there’s any 60 day thing with ESA. WIth both benefits your only option is MR but what exactly is the error you think has taken place?

deedag

Yes Mike,  i do mean arrears.  I have recently received a letter from ESA with arrears payment also and that letter states 60 days to register any queries.  However, PIP letter doesn’t specify a cut off date for errors 
on the arrears 

deedag

PIP have not calculated th arrears correctly

lisabrazil80

Hi I won my tribunal today for my mental health is going to backdate me for 9 months how long does it take to get my backdated payment into my bank I won my appeal on the 13th of December 2018 today I waited 2 years it was worth the wait please help me shed some light on this so I know how long I've got to wait thank you

Fetlock

Well done on winning your appeal.

It can take 6-8 weeks for DWP to put you back into payment and issue a back payment.

Welshlad90

I won my pip tribunal on the 2nd April I was awarded standard daily living and mobility due to severe mental health problems. I rang DWP yesterday to ask if they received the courts decision and also about the backdating payments. They mentioned to me that they may appeal the decision so now I'm stressing that it could take weeks if not months to receive 1 payment never mind the backdating from last year. Does anyone know any stats on how much % they do decide to appeal and is there anything I can do if they decide to take the biscuit with releasing any payments due to me. Thanks 

CockneyRebel

Hi @Welshlad90 and welcome

It is not unusual for the DWP to request a statement of reason following a tribunal decision but seldom do they take it any further. They normally take 5-8 weeks to put the ribunal decision into payment

Welshlad90

I've read on one of these forums that some people have been waiting months 

BennyTallis

I just called PIP and person said there is a note on the system to issue the award letter and shows a backpayment of 2500. Now I was on standard mob for 64 weeks before appeal and at appeal was awarded enhanced for both and he said it shows on the system that o am on higher rate from 18/4/18 - 2023 yet only paying me 2500 and not the 7600 I was expecting. Any ideas why this might be? Perhaps because the rate change in April they have done a payment at new rate and another will follow for older period. If anyone had a decent backpay... Did they get multiple payments or just one large one.. Confused.com lol

buzzer

HRM £61.60 LRM £23.20

64 weeks x £ 38 (the difference between H and L) = £2432 
is the back pay based on the week figures quoted.

Not sure how you arrive at £7600

poppy123456

BennyTallis said:

I just called PIP and person said there is a note on the system to issue the award letter and shows a backpayment of 2500. Now I was on standard mob for 64 weeks before appeal and at appeal was awarded enhanced for both and he said it shows on the system that o am on higher rate from 18/4/18 - 2023 yet only paying me 2500 and not the 7600 I was expecting. Any ideas why this might be? Perhaps because the rate change in April they have done a payment at new rate and another will follow for older period. If anyone had a decent backpay... Did they get multiple payments or just one large one.. Confused.com lol

Can you please confirm that before the Tribunal decision you had an award of standard mobility only? What award were you given by the Tribunal?

BennyTallis

buzzer said:

HRM £61.60 LRM £23.20

64 weeks x £ 38 (the difference between H and L) = £2432 
is the back pay based on the week figures quoted.

Not sure how you arrive at £7600

Full daily too backpay 

poppy123456

BennyTallis said:

buzzer said:

HRM £61.60 LRM £23.20

64 weeks x £ 38 (the difference between H and L) = £2432 
is the back pay based on the week figures quoted.

Not sure how you arrive at £7600

Full daily too backpay 

Enhanced daily living and the difference between standard and Enhanced mobility for 64 weeks is a lot more than £2500.

BennyTallis

64 x full daily  was not awarded by pip. So its 64 weeks of full daily due. That might explain the difference. They seperating the mobility and care elements before payment as the figure for extra mobility is what they quoted pretty much. 

poppy123456

I would ring them tomorrow, as the award letter has been issued if it states £2500 then that's what you'll receive in your bank. As you're owed more than that if they were paying you in 2 separate payments then the award letter would state this.

buzzer

BennyTallis said:

buzzer said:

HRM £61.60 LRM £23.20

64 weeks x £ 38 (the difference between H and L) = £2432 
is the back pay based on the week figures quoted.

Not sure how you arrive at £7600

Full daily too backpay 

Ah missed that in original post sorry. 
Btw well done on successful appeal result and hope they can sort backpay correctly for you asap.