PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Can the DWP try to claw back PIP payments?

louangel311louangel311 Member Posts: 39 Courageous
Hi, I had a very long thread regarding a Tribunal outcome which has sadly now been closed, so I can't comment with further information (please see below)

https://community.scope.org.uk/discussion/71622/new-pip-claim-refused-old-claim-pending-2nd-fft-tribunal

I'm really hoping that @mikehughescq will get to read this post! 

In a nutshell, the Tribunal had awarded me Enhanced Mobility from 5.1.2018 up until 4.1.22 BUT.........the award should only have ran until 25.11.2019 as I made a new claim for PIP on 26.11.2019 whilst awaiting the Tribunal outcome. It was a closed period of entitlement from 5.1.2018 until 25.11.2019. I did write to the Tribunal asking for the decision to be amended to 25.11.2019.

The claim for PIP on 26.11.19 was unsuccessful and I scored 0 points, hence no PIP award.

When I received all my backpay, it was from 5.1.2018 up until the present day.  I received a separate letter stating that they had looked at the PIP claim again dated 26.11.19 and in light of the Tribunal's decision , had awarded me Enhanced Mobility up until 2022.

But........I have received a letter from the Tribunal this morning, with the correct date on the decision notice i.e. 25.11.2019. Obviously, the DWP will have received this as well.

Is it likely that they are going to revise their decision again and decide I am not entitled to PIP from 26.11.2019 and is it possible, they could a) try to claw back the money they have already paid me and b) stop my PIP going forward?

Hope that makes sense!

Louise x

Replies

  • janer1967janer1967 Member Posts: 9,183 Disability Gamechanger
    Hi @louangel311 Welcome back, this is quite complex and yes one for Mike he usually comes on at night so hopefully he will see it. Another member @poppy123456 may also be able to help

    Hope you find the right answer but it may be worth getting some expert advice from CAB or Welfare rights
  • Ross_ScopeRoss_Scope Posts: 3,174

    Scope community team

    edited August 2020
    Hi @louangel311

    Sounds like a very complicated situation, I hope we can get you some useful advice on this issue.

    I'm sure other users will respond to this with their own knowledge, but if you want to use the resources excellently mentioned above, here is information about Welfare Rights and a page to find your local Citizens Advice.
    Online Community Coordinator

    Find out more about, and apply for, the Community Co-production Group.

    Want to tell us about your experience on the community? Talk to our chatbot and let us know.
  • mikehughescqmikehughescq Member Posts: 5,985 Disability Gamechanger
    Nothing complex here at all. The fact the tribunal corrected their decision doesn’t change the DWP conclusion that you’re entitled going forward from 2018. No facts have changed. DWP may simply revise their start date skit correctly says 2019. 

    Even if the award ended, unlikely as no facts have changed, nothing would be recoverable as there’s been no failure to disclose nor misrepresentation, which are the sole grounds for recoverability. 
  • louangel311louangel311 Member Posts: 39 Courageous
    Nothing complex here at all. The fact the tribunal corrected their decision doesn’t change the DWP conclusion that you’re entitled going forward from 2018. No facts have changed. DWP may simply revise their start date skit correctly says 2019. 

    Even if the award ended, unlikely as no facts have changed, nothing would be recoverable as there’s been no failure to disclose nor misrepresentation, which are the sole grounds for recoverability. 
    Thanks Mike...........as usual :) 

    Something I'm still a bit unsure of. The Tribunal obviously wanted me to have the Enhanced Mobility until 2022, but couldn't award it as they were constrained by the end date of 25.11.19, the date before I made my new claim.

    So, the DWP have revised their decision on the claim from 26.11.19,  in line with the Tribunal's decision regarding the period they were allowed to award from and to i.e. 5.1.2018 to 25.11.19.

    But......it was only ever the Tribunal that mentioned an end date of Jan 2022 - so could the DWP decide to shorten the award hence my PIP may stop before then?

    L xxx
     
  • mikehughescqmikehughescq Member Posts: 5,985 Disability Gamechanger
    Yes, but would why would they?
  • louangel311louangel311 Member Posts: 39 Courageous
    Because they initially refused my PIP claim from 26.11.19 and scored me no points, but then revised it when they got the Tribunal's INCORRECT decision to award me until 2022............possibly not realising that the Tribunal couldn't award me until then, as it was a closed claim period up until 25.11.19.

    They will now have received the amended decision notice that says the Tribunal can only award until 25.11.19 - so in effect, they've changed their decision on the claim from 26.11.19, feeling tied by what the Tribunal had ruled, when effectively, the Tribunal couldn't ask for the award to extend to 2022 as it was a totally different claim.

    Am I making sense? 

    L x
  • mikehughescqmikehughescq Member Posts: 5,985 Disability Gamechanger
    By making an award DWP have accepted the appeal outcome as fact. All that’s happened since is that the tribunal award is being revised not the subsequent DWP decision. If DWP accept the corrected decision re the dates they’ve no basis for disputing the level of award. It really is that simple.
  • louangel311louangel311 Member Posts: 39 Courageous
    Thanks Mike, appreciated x
Sign in or join us to comment.