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PIP - appeal won but refusing to pay!

ElfiFreckle

Hello, so this is a rather long nap story so thank you to anyone who takes the time to read.
Last november 2018 I applied for PIP and was denied, denied the appeal and then we went to tribunal at the beginning of July 2019. At the tribunal I was awarded PIP and the backdated amount also.
We are now in September and I am still no closer to receiving any money, backdated or otherwise. The dwp are calming the courts have messed up a date on my claim from when it should start from (they think I should be entitled to being back payed from October and the tribunal wrote down December) so the dwp will not begin my payments. The tribunal have been consistently chased by me but will not give me an update and I have requested a call back four times and they just won’t do it even though they are supposed to. Dwp have said they won’t do anything more to help. They also won’t start my payments while they don’t know when it is being back dated from even though I just need the money to start coming in!
You can imagine how stressful this has all been, I am now stuck as whoever I call no one will help or give me an update, and by the time I get this sorted I will have to reapply because I was only awarded it for a short time (I’m sure he said a year and a half) I’ve also not received single letter from either office to confirm anything or even keep me in the loop with what’s happening.
Mom really losing home as I don’t know what else to do. Has anyone ever experienced this? Is there anyone else I can talk to or contact?
Please help!!!

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Comments

poppy123456

Hi,

Instead of ringing HMCTS then you need to put it in writing, this way you may get more of a response. It's HMCTS not DWP that need to sort out this issue.

Jurph

It seems crazy to deny you money because they want to pay you more than is stated!

I hope you get it sorted.

worried33

My first thoughts were that the decision from tribunal should be binding so it all should just be paid as directed.

However I now have changed my opinion that if the tribunal makes this type of admin error then the direction shouldnt be followed. I am not particularly sure of my opinion but I am inclined to consider this is something the tribunal needs to fix.

poppy123456

worried33 said:

However I now have changed my opinion that if the tribunal makes this type of admin error then the direction shouldnt be followed. I am not particularly sure of my opinion but I am inclined to consider this is something the tribunal needs to fix.

This is spot on. The DWP will not put the award into payment or pay any backdated money until the error is corrected and the only ones that can correct it is HMCTS. Contact in writing is always best.

david235

It is for the Tribunal to correct an accidental slip in its decision when such a slip is brought to its attention - see rule 36 of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (SI 2008/2685) (as amended). Whilst there is some merit in the argument that the Tribunal's decision should be implemented whether or not it erred in law, DWP have no power in law to pay a purported award of benefit that exceeds any entitlement under law and arguably DWP should not implement a Tribunal award that, to the knowledge of DWP, underpays the claimant's true entitlement because of incorrect backdating by the Tribunal.

As @poppy123456 says, this matter needs to be pursued with HMCTS and, as this is not something that can be resolved over the phone (nobody you speak to on the phone will have the power to correct the decision), contact in writing is recommended.

I am a little bit surprised that @ElfiFreckle says they are in a situation where PIP was claimed in November 2018 but entitlement starts, according to DWP, from October 2018. The general position is that you cannot be awarded benefit you have not claimed.

A reconsideration or Tribunal decision remakes the original decision, with the same effects as if it was the original decision. It may well be that @ElfiFreckle 's November date was the date of return of their 'about your disability' form. The date of claim for PIP is the date the claimant phoned DWP to start the PIP claim.

A DLA to PIP transition decision is not implemented until several weeks after the date of the PIP decision assuming that the claimant meets their deadlines during the transition process (if they do not, the DLA award will end and any PIP claim is treated as a new claim for PIP in the normal way).

It is possible the date of claim of PIP is an earlier date than DWP became aware of a PIP claim if a defective claim for another benefit was made, such as an attempt to claim DLA or Attendance Allowance for a working age adult. Another 'defective claim' scenario was only possible in the short period after PIP came into force for new claims when renewals of an expiring adult DLA award were still handled under the DLA system: a DLA renewal claim being received by DWP after the end of the DLA award.