PIP, DLA and AA
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Calming PIP back pay

maxsteelmaxsteel Member Posts: 17 Listener
edited August 2020 in PIP, DLA and AA
My case,living in Cypus on DLA.On 65th birthday phoned to see if entitled to mobillity when return to UK told YES but they did not say must claim PIP to be eligible.Only yes you can claim on return.Return to UK.Explàined in letter to DWP I was told could claim mobillity on return.Letter back no u cannot claim mobillity on DLA after 65..2 years of letters back and forth and suddenly letter saying I must claim PIP to get mobillity arrives.Claim PIP and get it with mobillity but said no back pay.They must have known from my first letter that their  phone consultant was referring to a new PIP application not DLA but waited 2 years to come clean and then only because of my persistent letters.QUESTION did they have a duty to explain what the first advice obviously meant.Can I go to small claims court for the money I lost due to their not doing so.HELP

Replies

  • maxsteelmaxsteel Member Posts: 17 Listener
    MEANT CLAIM NOT CALMING
  • janer1967janer1967 Member Posts: 9,247 Disability Gamechanger
    Hi and welcome I am sorry I am a bit confused 

    Were you claiming DLA before when you lived in Cyprus ?

    If so then you wont be owed back pay as DLA stops when PIP starts if you get what I mean

    If I have got tis wrong sorry let me know and will tag someone in who will know more about ti 
  • Tori_ScopeTori_Scope Posts: 4,042

    Scope community team

    Hi @maxsteel! I'm also unsure about how to answer this query. Did @janer1967's information help? My comment will bump this back to the top of the page, so hopefully someone else can help out if needed.
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  • maxsteelmaxsteel Member Posts: 17 Listener
    Was getting dla in cyprus on 65th birthday 2015 phoned if could claim mobillity when I return to uk.Girl said yes but only yes.Come back to uk 2018 wrote letter explaining and tried to claim mobillity on dla.They said no.That meant I was being called a liar so kept on trying for years but on dla.2020 without me asking said I had pup in a claim for Pip and gave me mobillity.But they MUST have known what there girl meant to claim PIP in 2015 and kept me ignorant for 2 years.
  • maxsteelmaxsteel Member Posts: 17 Listener
    Sorry for spelling,bed bound and very sore at 69
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    You won't be able to claim for any backdated mobility award for all those years because that's not how it works. In all honesty you asked if you could claim mobility and you were advised yes, which was correct but not for the DLA award because that no longer existed from 2013 when PIP started.

    You could have started a PIP claim earlier than you did and could potentiallty have been successfully awarded it then but you didn't.

    The moral of this story is don't ring DWP to ask for any advice, there's advice agencies available for you to ring or visit to ask.

    The best thing you can do is forget about it now, you've got the mobility award. Sorry if this isn't what you expected, it's just my personal opinion.
    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.
  • woodbinewoodbine Community Co-Production Group Posts: 3,785 Disability Gamechanger
    Have to agree with Poppy, never ask the DWP for advice too many of their staff don't know the answer, always best to seek help elsewhere whenever possible.
    my advice is given freely and is correct to the best of my knowledge.
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    edited August 2020
    Hmm. I think this is slightly more nuanced than it looks. Whilst I would usually agree about seeking advice from the DWP (largely the equivalent of seeking housing advice from a rogue landlord) on this occasion I don’t see that the OP had much choice whilst living abroad. Yes, you could figure out who your local advice agency might be but they may not yet have known where “local” was and many services won’t give one off advice to people who live out of area given the pressures on their services. That’s not an unreasonable line to draw in the sand.

    Also this whole “can never claim mobility post 65” nonsense needs knocking on the head. Please read this https://www.rightsnet.org.uk/forums/viewthread/16308. What DWP said over the phone is irrelevant but a claim may not yet be dead. 
  • maxsteelmaxsteel Member Posts: 17 Listener
    The original advice was yes you can claim mobillity but she did not mention that I must claim pip to do it so I kept on trying to claim it on dla and there response was no it's not allowed over 65 but they must have known that the original advice meant transitioning  regulations but should they have put me right and explained that I had to swop.They later just swopped me anyway because I was a pest but 2 years later than my first letter
  • maxsteelmaxsteel Member Posts: 17 Listener
    By the way thanks for the advice I regret not doing so earlier 
  • maxsteelmaxsteel Member Posts: 17 Listener
    I mean thanking people for the advice.
  • maxsteelmaxsteel Member Posts: 17 Listener
    In cyprus you only had the phone and in uk I was past getting to CAB due to illness.I know it's stupid but in Cyprus corruption is boss but in UK I mistakenly believed the civil service to be honest and neutral.A cornerstone of values.But it seems things have changed in my time away it's a different country.God help us if we cannot trust our government.They played on words and yes they were correct I could not claim mobillity on DLA but they knew what that original adviser meant even to the point they sent a letter saying I wait a while so they could get further legal advice.It must have been keep the silly old prat in the dark.Thanks any way but even if I did not win I would have liked a courts reaction to there actions or have they changed two?
  • maxsteelmaxsteel Member Posts: 17 Listener
    It seems to me did they have a duty to tell me what they must have known the original advised meant.
  • OverlyAnxiousOverlyAnxious Member Posts: 1,259 Disability Gamechanger
    I think you're giving the telephone advisers far more credit than they deserve!    :#

    They're incompetent, not corrupt.
  • maxsteelmaxsteel Member Posts: 17 Listener
    No I think the original girl just forgot to tell me I had to swop to PIP to get mobillity but just said yes u can get it.I think it is since I got back they are corrupt in not explaining what she meant
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