Calming PIP back pay

maxsteel

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

maxsteel

MEANT CLAIM NOT CALMING

janer1967

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_Scope

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.

maxsteel

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.

maxsteel

Sorry for spelling,bed bound and very sore at ****

poppy123456

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.

maxsteel

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

maxsteel

By the way thanks for the advice I regret not doing so earlier 

maxsteel

I mean thanking people for the advice.

maxsteel

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?

maxsteel

It seems to me did they have a duty to tell me what they must have known the original advised meant.

OverlyAnxious

I think you're giving the telephone advisers far more credit than they deserve!   

They're incompetent, not corrupt.

maxsteel

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