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Back dated pip

dropbackdropback Member Posts: 3 Listener
Hello everyone 
my wife has just won her pip appeal and it is being back dated 2 years and is going to be over £10,000 I was wondering what affect this will have on our universal credit 
thanks lan

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Great news! Backdated money is disregarded from all means tested benefits for 1 year. If after this time your savings are more than £6,000 then you'll need to report those changes.
    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.
  • dropbackdropback Member Posts: 3 Listener
    thank you 
    is that year from when you receive the payment as the payment is over £10,000 ?
  • JurphJurph Member Posts: 346 Pioneering
    @dropback it's ignored for one year from the date received.

    It only affects UC in a years time if you've got more than £6,000 of it left.
  • dropbackdropback Member Posts: 3 Listener
    Great news thanks for the help 
    Ian 
  • MisscleoMisscleo Member Posts: 646 Pioneering
    And a happy new year to YOU WOO HOO
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,953

    Scope community team

    Brilliant news @dropback! A great start to the year I imagine? :)
    Senior Community Partner
    Scope

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  • kirstyleighkirstyleigh Member Posts: 7 Listener
    Hi I am in the same situation, just been awarded on monday enhanced daily care and standard mobility, backdated to 31/01/2018.
    I am currently arguing with tax credits, who are claiming I had an overpayment of £11800 in 2011-2012, which I am disputing. I believe I owe about £300! Will my back payment go to debt management? Is there anyway I can get my backpayment, because I have been suffering massively these last two years, and want to repay my friends who have had to reduce working hours/being put out to support and care for me, when services were withdrawn due to lack of funding. Its not fair that this money may be taken to clear a debt that I dont agree I owe in the first place! :/
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi I am in the same situation, just been awarded on monday enhanced daily care and standard mobility, backdated to 31/01/2018.
    I am currently arguing with tax credits, who are claiming I had an overpayment of £11800 in 2011-2012, which I am disputing. I believe I owe about £300! Will my back payment go to debt management? Is there anyway I can get my backpayment, because I have been suffering massively these last two years, and want to repay my friends who have had to reduce working hours/being put out to support and care for me, when services were withdrawn due to lack of funding. Its not fair that this money may be taken to clear a debt that I dont agree I owe in the first place! :/

    Hi and welcome,

    Unfortunately, you are too late to dispute that over payment now but you're entitled to ask why they think you were overpaid.

    May i ask if you're still claiming tax credits or are you now claiming Universal Credit?
    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.
  • kirstyleighkirstyleigh Member Posts: 7 Listener
    No, I am only claiming UC now.
    What do you mean I am too late to dispute the overpayment? They paid me what I was entitled to, and have now years later decided I was entitled to nothing. Surely I can dispute that I was entitled to it? Theyre claiming I was entitled to £0, whilst I was receiving ESA, HB and CB/CTC for my three children. Clearly I was entitled to child tax credit.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The reason is because it's been longer than 13 months. As you're now claiming UC then DWP would have taken over that debt, this means that yes your PIP backdated money can be used to repay that debt.


    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.
  • kirstyleighkirstyleigh Member Posts: 7 Listener
    They only told me about it a few months ago though? I'm being advised elsewhere that as PIP is nothing to do with tax credits or UC I should receive the full amount. Im really confused, and dont know who to believe. :(
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2020
    You would have received a tax credits award notice the year the overpayment had been made. As you're now claiming UC and not credits then the overpayment would have passed onto DWP and PIP and UC are both part of DWP.

    Have you actually been told by DWP that you're not receiving any of the backdated money because of this debt?
    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.
  • kirstyleighkirstyleigh Member Posts: 7 Listener
    Not yet,as I was only awarded PIP after a tribunal on Monday, so waiting for DWP to award the PIP properly. But they tried to take my backdated LCWRA to repay debt, of which they gave me 1 months rent as I am in rent arrears, so anticipate they will try to do it with this, and there will be a change to my housing element too resulting in an underpayment, which I anticipate they will send to debt management also. I need the money to sort out my actual debts I've accrued over the last two years, and it is causing me alot of worry.
    I didnt receive paperwork at the time (2012), as I was really ill and fleeing a DV relationship.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2020
    If you moved house at the time and you didn't change your address with HMRC then the award notice would have gone to your old address which may have been when you say you didn't receive it.

    Backdated money from a Tribunal win can take 8 weeks and about the same time to put your award into payment. All you can do is wait.
    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.
  • kirstyleighkirstyleigh Member Posts: 7 Listener
    Ive been advised that even though its been more than 13 months, I can still request an appeal and it would go to a tribunal to decide whether or not I can appeal the award decision. There was no overpayment, theyve just decided I wasnt entitled to anything when I clearly was as had three children :/
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I've no idea who advised you that but it's not correct. The first step is to dispute the overpayment, which you would have had 3 months to do that, at the time the award notice was issued. You can only dispute against overpayments that happen in the tax year of your final award notice.

    After the dispute, it would have been Tribunal and you have a maximum of 13 months to request the Tribunal. As it's been several years you won't be able to do anything about it now and both will be refused.

    You can request a SAR from HMRC and this will then tell you all the information they hold about you, including all the letters they sent you in the past. See link. https://www.gov.uk/guidance/hmrc-subject-access-request


    I can't advise on the overpayment because i don't know your circumstances during those dates and i can't see any paper work. Some advice just isn't possible on an online forum.







    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,953

    Scope community team

    Hi @kirstyleigh.
    Congratulations on your PIP appeal win, sounds like it's been quite a wait!
    Your backdated PIP can't be used to cover tax credits overpayments, so you don't need to worry about that. 

    You can challenge overpayments (caused by official error) any time, so if you don't feel the overpayment is correct, please do challenge it. I'd start by issuing a SAR and I believe Poppy has linked to information on SARs above. I've spoken to one of my colleagues @Joanne_Scope and there's also a possibility of putting forward a financial hardship argument and trying to get the debt written off that way.

    You also mentioned that you may have been underpaid UC housing element because of this too, is that correct? Can I assume you are under 35 and were receiving the shared room rate instead of 1 bedroom LHA? 

    If so, backdated or underpaid housing element shouldn't be sent to debt management and if yours is, it can be challenged. 

    I hope that help, but any questions, please don't hesitate to ask. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2020
    Hi @kirstyleigh.
    Congratulations on your PIP appeal win, sounds like it's been quite a wait!
    Your backdated PIP can't be used to cover tax credits overpayments, so you don't need to worry about that. 


    Hi @Adrian_Scope Are you sure about that? DWP would now have taken over the debt because once a person claims UC then the debt moves with them.

    Overpayments can only be challenged within a certain timescales. I posted a link regarding this.
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,953

    Scope community team

    Hi @poppy123456. I double checked with @Joanne_Scope and although UC would now hold this CTC overpayment debt, PIP backpayments wouldn't be used to cover it.

    Overpayments from official error can be challenged years later and both Joanne and I have had success challenging overpayments from that long ago. So it's definitely worth trying. 

    Sadly, lots of people have found when switching over to UC that TC overpayments they'd never been informed of are suddenly rearing their heads.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Very useful info about the PIP payments, thanks for that @Adrian_Scope. Yes, i had heard about DWP suddenly catching up with the overpayments.
    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.
  • kirstyleighkirstyleigh Member Posts: 7 Listener
    Thanks Adrian. Ive not slept all night as I've been so upset and worried about this, trying to find out how I can get money that I am legally entiyled to paid to me. I was advised by universal credit essentials who have been great with other issues thd same as what you've stated, and you know ehat its like, you don't know who to believe! This being a disability forum I assumed the advice I was receiving here to be more accurate. However both are now saying the same, so will see what happens regarding my PIP and housing back pay. You are correct in your assumption regarding my lha.
    I was a student when my PIP was stopped, which in turn affected my entitlement to ESA and then housing benefit. Is there anything I can do regarding the money I would have been entitled to at that time, now? I moved on 30/04/2018, so should have been entitled to ESA with SDP and housing benefit from 31/01/2018 - 30/04/2018. I had to move as I had no money and couldnt look after myself anymore, and have spent the ladt two years being passed around between friends until july last year. Its been a horrific 2 years, and my firends and I have suffered a lot. I have housing benefit arrears from that period, which i shouldnt now have. Any advice on how to rectify that is much appreciated!! 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,953

    Scope community team

    Hi @kirstyleigh. How are you getting on? 
    Your first step would be to contact the SDP line and ESA and explain the situation. It's more complicated with you being a student but I imagine there could be some backpay due.

    Have you heard anything about your UC underpayment yet? 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • kirstyleighkirstyleigh Member Posts: 7 Listener
    Hi @Adrian_Scope

    I received the backpay this morning actually, two weeks after my tribunal. I was really surprised at how quick it was. Only received the letter on saturday, so got a lot to try sort this morning.

    At the time, my student loan almost zeroed my ESA award, however the fact that there was an underlying entitlement meant I was entitled to HB. First thing today is contacting SDP and ESA, and ensuring any awards are updated I guess, and take it from there. 

    Im so happy I dont need to worry about PIP for the next two years now. Theyve said they will write to me after Jan 2022 (I was awarded until Jan 2023) to check entitlement - but I have heard that those awarded at tribunal often dont get contacted? Can you offer advice on if I will maybe need to chase them up, when I should do that, to ensure there is no break?

    Needing to think wisely now what to spend some of the money on, so it doesnt impact negatively on my UC (dont want to get into trouble for deprivation of capital!)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2020
    I'm glad you received your PIP backdated money so quickly.

    As you were awarded by a Tribunal then you will be contacted about 14 weeks before your award is due to end.

    The money you received for your backpay is disregarded for 1 year for all means tested benefits. What you spend it on during this time is your decision. If after this time your total savings amount to (£6,000 before it affects the amount you're entitled to)  then you will need to report those changes to DWP. Hope this helps you to enjoy spending that money on exactly what you want :)
    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.
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