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Successful PIP Appeal - DWP Claiming I owe Them Money

mthorpe548mthorpe548 Member Posts: 5 Listener
Good morning,

I hope somebody could help clarify what has recently happened to me.

After a shambolic PIP assessment the DWP lowered my enhanced rate of mobility despite having a ridiculous amount of evidence to the contrary and a previous lifetime award of DLA. The mandatory reconsideration was also just as shambolic and they stood by their decision. We then instigated the tribunal process and what do you know, they overturned their original decision and gave me my enhanced rate of mobility payment back yesterday, June 11th 2019. Which was wonderful news (I thought) after the incredible amount of stress this has caused.

When the award was originally taken away, I told DWP that my 2 x primary school aged children relied on my car to get to school and there was no other option as there is no bus stop near by and I cannot walk them. So it was agreed that my car would remain with me until the end of the process which would be the tribunal.

They have today informed me that DWP will back pay the difference between standard rate and enhance rate for the period it was taken away from me, £38 for 36 weeks, or £1368, great I thought. But they have also told me, I owe them £61 per week for that same period as I kept my car. So I owe them £61 for 36 weeks, or £2196. Leaving me £828 out of pocket at the end of this process.

Is this correct? They have overturned their decision and admitted I was entitled to enhanced rate all along, hens the back pay of £38 for 36 weeks. Yet even though they have admitted they got it wrong, I have come out of this process owing them money?

Thanks in advance.

M

Replies

  • buzzerbuzzer Member Posts: 107 Pioneering
    The car lease still needed paying for during that 36 week period. 
    So that would be enhanced rate Mobility x 36 weeks 

    Try & be kind to one another even if we may have different views. 

  • zakbloodzakblood Member Posts: 419 Pioneering
    sorry to here your story and also glad your won your tribunal and now sorry to make light of the fact, as the right hand of the DWP gives while the left hand of the DWP takes it away, my advice is take it to CAB and get the most correct and up to date advice, as without all the paper work in front on anyone else, it may or may not correct, so hope someone else here offers more advice and proves me wrong tbh, but good luck all the same, and again sorry for making light heart of it, but seen it before and had it myself, seem they don't like to loose and be proven wrong and just wish you to jump through more hoops to prove a point
  • mthorpe548mthorpe548 Member Posts: 5 Listener
    Thanks for the initial responses.

    I just can't get my head around the fact that they have said I should have been entitled to my car all along but are still asking for money to cover their error. It is not even the money I'm bothered about, it is the principal.

    M
  • buzzerbuzzer Member Posts: 107 Pioneering
    edited June 2019
    For the period of 36 weeks of low rate you have pocketed the 23.20 per week as its not enough to pay for the lease 
    23.20 x 36 = 835.20  (consider who was paying for the car lease, during this period)

    upon revised award back dated 
    61.20 x 36 = 2203.20  which covers the car lease 

    if you pocketed the low rate, then yes you owe that amount it to pay for the vehicle lease for past 36 weeks 

    Try & be kind to one another even if we may have different views. 

  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @mthorpe548 - I think that @buzzer is right..

    You've actually done quite well because you've been getting standard rate mobility + a car!!
  • mthorpe548mthorpe548 Member Posts: 5 Listener
    @buzzer We'll have to agree to disagree I'm afraid. If they are now saying I was entitled to my car all along, then they would have been paying for it for that period anyway. I can't see how the money owed for that period can be greater than the DWP payback amount.
  • buzzerbuzzer Member Posts: 107 Pioneering
    edited June 2019
    @mthorpe548 Go to an organisation such as CAB and seek proper advice, and please do return to let us know the outcome. 

    Try & be kind to one another even if we may have different views. 

  • mthorpe548mthorpe548 Member Posts: 5 Listener
    edited June 2019
    Agreed, factual rather than opinional advice is what I need. I welcome any further input from anyone that has been in this situation.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm afraid i agree with everyone else. You were receiving standard rate mobility payment of £23.20 per week since the decision on the PIP was made 36 weeks ago. You kept the car while you were waiting for the Tribunal but because you didn't have Enhanced mobility then no payments were being made for the car. Instead you were receiving the £23.20 per week.

    Now the decision's been overturned DWP owe you the difference between standard and Enhanced which is £38 per week (figures quoted are from 8th April 2019) but you still owe motability the full amount.

    What you should have done was kept the standard rate amount to one side while you waited for the decision, then once that was made you would have had the difference backdated to add to the standard rate amount. Then you would have paid motability for the full amount you owe.

    Did you keep the standard rate amount to one side?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mthorpe548mthorpe548 Member Posts: 5 Listener
    @poppy123456 thanks for your input.

    As mentioned previously it is not about the money, money is not an issue, it is the principal of how you can be out of pocket for their error.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I don't understand why you think you're being put out of pocket. You had the use of the mobility car and you were being paid the standard rate of mobility. This means that motability were not being paid for the car because there was no Enhanced rate of mobility to pay it with.

    You can't expect to have the car and then keep all the money. Motability need to be paid for those 36 weeks. When you lease a car from them you exchange your Enhanced mobility payment for the car.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @mthorpe548 - you're not 'out of pocket' ...the DWP just want the standard rate mobility back!!

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