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

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  • loubylou1511
    loubylou1511 Online Community Member Posts: 30 Connected
    This is about PIP though?
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    edited August 2021
    loubylou1511 said:
    This is about PIP though?
    I know that - nonetheless, for the avoidance of doubt, it still seems appropriate, as Raisin says they are in NI, to provide a link to the guidance published by NI Department for Communities rather than by mainland DWP, which is what I have now done.
  • loubylou1511
    loubylou1511 Online Community Member Posts: 30 Connected
    And I thank you for doing that, much appreciated x
  • Roisin52
    Roisin52 Online Community Member Posts: 4 Listener
    Thank you for all your comments. I should have clarified at the beginning, my daughter was awarded DLA indefinitely when she was 15, then she had to transfer to PIP as soon as she turned 16. I’m assuming that as the original award had not run out of time, payments continued until today’s tribunal. Her new award of PIP is a bit higher so I was just wondering if the difference is backdated. The appeal has been ongoing for 3 years now. 
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    Are you saying that the DLA has continued to be paid all the time up to the tribunal?
  • Roisin52
    Roisin52 Online Community Member Posts: 4 Listener
    Yes
  • loubylou1511
    loubylou1511 Online Community Member Posts: 30 Connected
    I’m so sorry Roisin, if me and calcotti were going toe to toe, we are just passionate about helping people, we love each other really! ? you say your daughter had to transfer to pip, what was the date they gave? Did the send you out an assessment form? What date did that have to be sent by? The DWP have done you wrong stating an indefinite award but saying it ends when she was 16, only indefinite til the changed the welfare system. I feel for you. 

  • loubylou1511
    loubylou1511 Online Community Member Posts: 30 Connected
    If they gave you a date when the award ends, that’s it i’m Afraid, unless she was awarded pip, in this case (as wrong as it is) she wasn’t. Did her payments continue after the end of award date of DLA?
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    edited August 2021
    I am puzzled by that. I would have expected it to have stopped four weeks after the original PIP refusal decision in accordance with paragraph P5062 quoted previously.

    I am not sure about this but I think that the tribunal decision will still effectively replace the original PIP refusal in which case I would expect it to be backdated to 4 weeks after that original decision.  


  • loubylou1511
    loubylou1511 Online Community Member Posts: 30 Connected
    When did your daughter turn 16? How long has this been going on for? 
  • loubylou1511
    loubylou1511 Online Community Member Posts: 30 Connected
    I’m puzzled too!
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    edited August 2021
    loubylou1511 said:
    How long has this been going on for? 
    OP says
    Roisin52 said:
    The appeal has been ongoing for 3 years now. 
    Which is completely absurd!

    Raisin, hopefully you will get advised by DfC in the near future and can then tell us how the award is being put in place.
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    edited August 2021
    Username_removed said:
    I’m not. 
    Thais Mike. However seems to apply for people who failed to  follow procedure or failed to attend assessment whereas I have read OP’s opening post as a PIP decision being made that daughter did not qualify (but that may not be what was meant).

    In a case where the original ‘refusal’ was due to a failure as referenced in this document is the tribunal decision actually the first PIP decision so DLA would end 4 weeks after the tribal decision or would there still be backdating?
  • Girl_No1
    Girl_No1 Online Community Member Posts: 153 Empowering
    Could the fact the OPs daughter had an ongoing award be the reason payments continued for so long?  I've no idea but just curious.  :smile:

  • Roisin52
    Roisin52 Online Community Member Posts: 4 Listener
    That is probably the reason. Payments were from DfC, through NI’s devolved government. My husband was unable to be her official carer, in those circumstances. 
  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,714 Championing
    Hi everyone

    It's great to see so many heads working together to help resolve the OP's query and it's understandable that people might have different interpretations of what's happened leading to some to'ing and fro'ing. 

    But, a little reminder @loubylou1511 to 'keep things friendly', as per our house rules :
    We want our community to be a safe and supportive place.
    Please make sure your messages respect others’ views and suggestions, even if you do not agree with them.
    Please be careful what you say. Not everyone shares the same sense of humour!
    And avoid the use of smileys which might be offensive to other members.  I appreciate you were commenting from a point of being passionate about helping the OP but bear in mind how words/emojis could be read by others aiming to do the same.

    Many thanks again to you all for helping with what sounds like a complex situation.

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