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Backdated PIP issue

mirror
mirror Member Posts: 6 Listener
edited July 2018 in PIP, DLA, and AA
 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 
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Comments

  • mirror
    mirror Member Posts: 6 Listener
    Sorry for mistakes  in my ubove post i can not edit my mistakes  been a verry long day  :(
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,557 Disability Gamechanger
    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 :) 
    Scope

  • susan48
    susan48 Member Posts: 2,222 Disability Gamechanger
    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
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    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
    mikehughescq Posts: 8,838 Connected
    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
    mirror Member Posts: 6 Listener
     Ithank you fo your repliy help So once the dissregsrd is up -over the arrars would then be counted as capital  ? 
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
  • mirror
    mirror Member Posts: 6 Listener
    would i need to  proove   the dissregard  to other benifit my son is on esa? and if so haw 
  • poppy123456
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    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
    Topkitten Member Posts: 1,285 Pioneering
    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
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • poppy123456
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    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
    Topkitten Member Posts: 1,285 Pioneering
    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
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    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
    mirror Member Posts: 6 Listener
    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
    deedag Member Posts: 4 Listener
    edited September 2018
    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
    deedag Member Posts: 4 Listener
    Apologies - ESA allow for you to raise queries on a payment up to 60 days

  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    edited September 2018
    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
    deedag Member Posts: 4 Listener
    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
    deedag Member Posts: 4 Listener
    PIP have not calculated th arrears correctly
  • lisabrazil80
    lisabrazil80 Member Posts: 94 Connected
    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

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