PIP Disallowed, will I lose the disability element of WTC too?

SunLeaves

Hello everyone.

in 2017 I was awarded the lower mobility rate of PIP. When I got this, I rang up HMRC and began receiving a top of of £57 or so per week on my WTC.

I have just gone through the hideous reassessment process for PIP and have been told that my PIP is disallowed, I plan to appeal this, but that's another story.

Losing the extra £57 per week is going to be absolutely devastating to my finances. I am just wondering if losing my PIP in this way will mean that I automatically will lose the disability element of WTC, or is there a way that I could keep that element? It would mean the world to me if I could.

Any advice would be great, thank you.

poppy123456

Hi and welcome,

Yes unfortunately, the disabled element of working tax credits will now stop and you will need to report the changes to HMRC. Do be aware that this may now mean that you will have an overpayment of WTC but when you ring them they will tell you if an overpayment may have occurred.

For this PIP then you have 1 month from the date of the decision to request the MR.

Edit to add, there are a few other conditions that you may meet to continue to claim the disability element but it will depend whether you were claiming any other benefits previously to claiming tax credits. See the conditions here

https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-disability/#disability element

If you've never claimed any other benefits then your disability element will stop.

SunLeaves

Thank you, just to clarify, will I be able to continue to claim it until the mandatory reconsideration is complete?

Or do I literally have to let them know right now?

poppy123456

You're welcome,

You will need to report the changes because unless you were claiming a qualifying benefit previously (other than PIP/DLA) then your disabled element will end and it won't continue while you request the MR.

If the MR or Tribunal is successful, providing your tax credits claim hasn't ended then you will be able to reclaimed the disabled element. If your tax credits end then you won't be able to reclaim it, even if your PIP award is successful with the MR or Tribunal because all areas are now a full Universal Credit area and it will be this you will need to claim.

DWP also share information with HMRC but you will still need to report the changes.

SunLeaves

Thank you :-)

This is  a major nightmare, so I am hoping and praying that I can win the MR.

poppy123456

You're welcome.

There's only a 16% chance of the MR decision changing, hopefully you'll be one of them but most people have to take it to Tribunal. The only downside is waiting times for hearings is huge in most areas and lots are waiting about a year for a hearing date.

For the MR you'll need to put it in writing stating where you think you should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Good luck.