Won PIP tribunal can I get tax credits backdated too?

kerstar

Morning guys.  I had my hearing on the 3rd of January & won my daily living pip back.  The judge said it is to be back dated to March 2018 when it stopped.  I was working 16+ hrs so was on tax credits, which they stopped when my PIP stopped & I am now having money taking off my UC as tax credits say I was overpaid.  If my PIP has been awarded back to the date they stopped it, then surely my tax credits should be back paid too & I owe them nothing.  Please help any info would be awesome. TIA

Pippa_Alumni

Congratulations on winning your appeal, @kerstar!

I wonder if @Gill_Scope could offer any guidance here?

kerstar

Any help or advise would be great thank you Pippa

Yadnad

Isn't this the same as not having a valid claim in place for say Income based ESA/JSA or even Guaranteed Pension Credit?
The way the DWP see it is that if you have managed to cope without these benefits then there is no need for them to be backdated.

As for Tax Credits I have no idea.

[Deleted User]

Hi @kerstar

So, you're not able to go back onto tax credits because you have claimed universal credit. 

All overpayments in universal credit are recoverable, no matter how they occur.

This is obviously grossly unfair in this case. 

I think I'd ask my MP to intervene in this. Given that an injustice occurred and you had your PIP withdrawn when it shouldn't have been withdrawn, I'd like to think that the DWP would agree not to recover this so-called overpayment. The paperwork might make some difference to this, but the principle seems clear. 

DWP guidance to use discretion not to recover official error overpayments was withdrawn as universal credit came in, but they can still use their discretion. (Strictly, this may not be an official error overpayment, if the tax credits weren't payable given that the PIP had been withdrawn). When universal credit was debated in the Houses of Parliament, ministers stated that they wanted the principle of discretion to remain (see Hansard 19 May 2011, column 1019).

But the law does say that UC overpayments are recoverable no matter how caused. 

Good luck, and try not to reply on goodwill on this one. Goodwill seems to be in quite short supply, and the law has been written in a way that's unbending.

Another hidden Universal Credit horror, as my colleague says. 

Gill_Scope

kerstar

Thank you for your reply to this.  I have contacted Tax credits who are taking money out of my UC for the so called overpayment at between £30-£40 a month, which I have asked them to lower which they are.  I no have to fill in a form to say i disagree with there decision.  the 1st lovely lady i spoke to at Tax Credits agreed with me that i should get it repaid to me, then put me through to another lady who didn't seem so convinced.  So fingers crossed, my award letter has just turned up so I shall be doing my appeal on line now that I can send them copies of my letter.  

[Deleted User]

Good luck @kerstar