Transferring from DLA to PIP. Won tribunal, will the award be backdated?

Roisin52

Hi, my daughter won her tribunal today. She was transferred from DLA to PIP but got no award for PIP. The decision panel awarded standard care & mobility, without me (her appointee) even having to speak. This is slightly more than her old DLA award. Will the award be backdated now and do they deduct payments of DLA that she had been receiving since being turned down for PIP? We live in Northern Ireland. 

loubylou1511

Hi Roison52,

It is my understanding, I shall check and get back to you though..... I assume after the original decision you submitted an MR ultimately leading to the tribunal, if this is the case I am pretty much sure that her award will be backdated to the date you sent in the original PIP form, when was the pip form 1st submitted and when did they tell you her DLA award was coming to an end? 

calcotti

I assume the DLA stopped so the PIP should be backdated to the day after the last day DLA was paid for.

loubylou1511

I agree, usually DLA claimants were sent pip forms months before their DLA payment was due to end in order for their pip form to be reviewed and claims sorted so there would be the transition to pip without any loss of payment to the claimant, however this has not always been the case for two reasons of my understanding:

1) Claimants terrified to start the new process and delaying it to almost their DLA award date.

2) The backlog from DWP.

However even if the claimant left it to the last date that their DLA was ending to call and request the PIP form, that’s when their claim starts, from the phonecall, that’s why there may be a gap between DLA ending and their PIP being assessed, however will be backdated to date of PIP phonecall, in light of a positive award, even if it is not, and MR has to be requested and even a tribunal, it will be backdated to when the phone call was made to transfer.

calcotti

I don’t think the timing of the PIP claim is the issue. I read it as DLA to PIP transfer but PIP refused. DLA would therefore end without a new PIP award in place. Now that a tribunal has awarded PIP it should be backdated as per my previous post.

loubylou1511

Hey calcotti, that’s exactly what I agreed with you about, DLA to PIP is not automatic, so the claimant has submitted a claim and been refused after being on DLA, I asked for the timings of DLA claim ending and PIP being submitted, again that’s what I said in my post, if there was a gap, then pip not being awarded, then MR, then tribunal, PIP should be awarded to the date the phone call was made to apply for PIP wether it was whilst DLA was being paid or if the claimant waited til the date payment of DLA ended or even afterwards, I think you have read me wrong, I am saying the exact same thing as you.

kind regards.

calcotti

loubylou1511 said:

..PIP should be awarded to the date the phone call was made to apply for PIP wether it was whilst DLA was being paid or if the claimant waited til the date payment of DLA ended or even afterwards, 

The misunderstanding is because that is not correct. If PIP is claimed while DLA is in payment DLA is normally paid until four weeks after the PIP decision is made at which point the PIP award takes over. 
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/814635/admp5.pdf
Paragraphs 5062 To 5064 refer.

loubylou1511

The timing of the pip claim is absolutely the issue... for example “ Claimant of DLA gets letter in post in January 2021 stating they are being transferred to pip, it’s not automatic, they are told your DLA ends in April etc please contact us before this date.

Claimant does one of a few things, calls straight away and starts the pip process ( which may or not go in their favour) either way they have started the process early enough so there is no gap in payment come April or worst case scenario, they are dissallowed and have to start the MR then appeal process if MR not allowed. Are paid their DLA until April like the example I have given.

They other option, Claimant gets letter in January, again told payments won’t stop til April, for whatever reason, scared, mental health issues, don’t want to deal with it or phone the DWP ( most folk are terrified of that). Their DLA has already stopped, even though they have recently sent in the pip form, they are now at the mercy of the pip backlog.

Either way, they made that phone call, and that is the date it shall be backdated to.

My point was, as hard as it is, get your forms in sooner than later, the DWP said somewhere that they were writing to DLA claimants three months prior and that was due to waiting times to avoid gaps in payments, however I can understand why claimants left it last minute out of fear and I hope you can understand that many claimants on applying for PIP where left downgraded or no award at all so I totally understand the fear.

kind regards.

loubylou1511

I’m Sorry ? you have been misinformed, Pip doesn’t just take over, it has to be awarded, many DLA claimants had their rewards reduced or removed completely after a PIP assessment, it wasn’t a transfer, it was a completely new benefit that all DLA claimants had to apply for. There is no 4 week takeover, and pip just starts, you are given an end date of DLA and when to apply for pip.

loubylou1511

Tell me your story and I might understand where you are coming from ?

loubylou1511

Once I hear from the OP I will have a better understanding what has happened in her case, either way she is at tribunal stage and won, which means it should date back to the phone call application for pip.

calcotti

loubylou1511 said: Either way, they made that phone call, and that is the date it shall be backdated to.

If DLA is still in payment that is not correct.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/814635/admp5.pdf

P5062 When an assessment determination is made by the DM on a claim by a transfer claimant

1. the DM will, as soon as is practicable, send the claimant written notification of the outcome decision and

2. DLA will be terminated, on the last day of the period of 28 days starting with the first pay day after the making of the determination.

P5063 When the outcome decision is an award of either or both PIP components, the claimant’s entitlement to PIP will begin

1. from the day immediately following the day the claimant’s entitlement to DLA terminates1 or

2. immediately following the last day of the period of 28 days as calculated in P5035 starting with the first pay day after making the determination.

In OP’s case DLA will I assume have stopped 4 weeks after the original PIP refusal. The tribunal decision will therefore be backdated to the day after.

loubylou1511 said:

I’m Sorry ? you have been misinformed, Pip doesn’t just take over, it has to be awarded, ..

Of course it can only be paid if awarded. I have never suggested otherwise. We are discussing what is the correct date for PIP to be paid from if awarded. 

loubylou1511

The OP has not stated when this happened or how long it took to get to tribunal etc, the fact that tribunals have many waiting months to get to that stage, you cannot speculate about weeks etc, and you are only assuming a claimant was successful, in this case she wasn’t and that is why she is asking for help, so I shall wait to hear from the OP, nothing happens in four weeks with the DWP so you are being slightly optimistic with that timescale, i’m Sure the OP has went through months of hell. I appreciate you quoting some things from the government website, but as many of us know, that’s guidelines, they don’t tend to stick to them.

loubylou1511

And where did you get that quote from and how old is it? 

calcotti

loubylou1511 said:

And where did you get that quote from and how old is it? 

It from the link I provided which is DWP Advice to Decision Makers.

loubylou1511

You are quoting legislation from April 2013, things have moved on since then.

calcotti

loubylou1511 said:

... you are only assuming a claimant was successful, in this case she wasn’t and that is why she is asking for help, 

The tribunal has been successful

Roisin52 said:

Hi, my daughter won her tribunal today. 

loubylou1511

And this legislation was only stating if the claimant was accepted for pip, the OP said she wasn’t. 

calcotti

loubylou1511 said:

You are quoting legislation from April 2013, things have moved on since then.

I have referenced current DWP guidance.
I should have referenced NI guidance as OP says they are in NI
https://www.communities-ni.gov.uk/sites/default/files/publications/communities/dm-adm-chapter-p5.pdf
However the relevant content is the  same.

I have nothing further to add.

Raisin52, please let us know how you get on. I hope you don't have too wait too long to get payments put in place.

loubylou1511

NI is part of the U.K. benefits system as they are part of the U.K., yes Roisin, let us know how you go, please contact the DWP as they often drag their heels after a favourable judgement by tribunal. Wishing you well.

calcotti

loubylou1511 said:

NI is part of the U.K. benefits system as they are part of the U.K., 

Indeed but nonetheless the relevant guidance is published separately for NI because there is some variation in NI (although I think not for PIP).