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If I win my PIP appeal, will LHA housing rate also be backdated?

UkraineInTheMembrane

Hi all,

I'm currently claiming Universal Credit with LCWRA, and appealing a PIP decision.

I understand that if I'm awarded PIP I will be eligible for the 1 Bedroom LHA rate. I'd like to know if this will be backdated as the whole process has been 18+ months long.

My housing costs are paid by Universal Credit so I would presume the backpayment would come through them, if at all?

Thanks in advance!

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calcotti

I infer taht you currently get the shared room rate due to being under 35 years old and that there is a shortfall between the LHA allowance and the ret you actually pay.

If so then if you are awarded Daily Living PIP you would indeed be entitled to arrears of the housing element backdated to the start of the assessment period in which the PIP starts. The arrears would either the difference between the one bedroom rate and the shared room rate or the difference between your actual rent and the shared room rate depending on whether your rent if higher or lower than the one bedroom rate.

UkraineInTheMembrane

Thank you very much for the quick and insightful answer!

You're right in how you described my situation.

Just to clarify, you said: "entitled to arrears of the housing element backdated to the start of the assessment period in which the PIP starts"

Does this mean from when I filled out the original PIP application? (This is my first and only PIP claim).

Thanks again

calcotti

The PIP, if awarded, will start from the day you rang to make the claim.

Your UC payments are based on your circumstances on the last day of the assessment period so the revised housing element will start from the beginning of the assessment period in which the PIP starts.

So if your assessment period is from 5th of the month to 4th of the month and you are awarded PIP from 2nd of September that falls within the period 5th August to 4th September and the backdated housing element would therefore start from the 5th August.

UkraineInTheMembrane

I see, I guess that is disappointing news for me then.

I understand that PIP, if awarded, will be backdated to when I first applied.

My original question was if the LHA/housing costs would be backdated to a similar time frame, let's say back to when I received my first negative PIP decision.

It seems unfair that I would have been denied the additional LHA/housing costs all this time.

You're saying they will not be backdated any further than the date PIP was finally awarded at tribunal?

Thank you.

calcotti

UkraineInTheMembrane said:

I see, I guess that is disappointing news for me then.

You have misunderstood what I mean.

UkraineInTheMembrane said:

You're saying they will not be backdated any further than the date PIP was finally awarded at tribunal?

That's not what I said

calcotti said:
The PIP, if awarded, will start from the day you rang to make the claim.

Your UC payments are based on your circumstances on the last day of the assessment period so the revised housing element will start from the beginning of the assessment period in which the PIP starts.

Your Pip will not start from the date of the tribunal decision. Any award by the tribunal is backdated to the date you rang to start your PIP claim. That is the date I am referring to.

UkraineInTheMembrane

Ahhh okay! I think I've got it. Haha

Sorry for the confusion. So:

PIP will be awarded from when I made first phone call. (2nd September 2020)

UC housing element will be awarded from that date also, rounded to start of nearest assessment period. (5th August 2020, assessment period 5th August-4th September 2020).

How am I doing?

calcotti

Spot on.

UkraineInTheMembrane

Made it!

Thanks for all your help explaining.

UkraineInTheMembrane

@calcotti

Hello! Hope you're still active here.

9 months on and DWP have reversed their decision, awarding me the Daily Living component of PIP at the higher rate. I am thrilled.

My UC housing element has now been updated and is being paid at the 1 Bedroom LHA rate, but I've had no correspondence on that matter and have had no word of it being backdated. It was not mentioned in my PIP award letter either, but I guess that's for obvious reasons.

Would you know where I go from here? Is this common? I've just left a query in my UC journal and hope it will be answered over Christmas.

Cheers.

calcotti

Any arrears are dealt with separately. You can post a payment query on your UC journal.

jessiejackson

did you

https://forum.scope.org.uk/discussion/comment/606513#Comment_606513

did you get a decision on the backdating?

poppy123456

https://forum.scope.org.uk/discussion/comment/900942#Comment_900942

This thread is almost 18 months old and the member hasn't been active for more than a year so you may not get a reply.

UkraineInTheMembrane

https://forum.scope.org.uk/discussion/comment/900942#Comment_900942

Hi Jessie,

Yes I did get a decision in my favour.

It took nearly 6 months and a number of posts on my journal to clarify. Nobody at UC seemed to understand at first, but eventually after much persistence and politeness it was sorted and I received the correct backdated amount.

I get the feeling they would never have backdated it unless I brought it to their attention. Thanks again to the people on this forum that helped me do that.

jessiejackson

https://forum.scope.org.uk/discussion/comment/901408#Comment_901408

Thanks for your response. Thats great news I bet your delighted the stress is over!

I’ve been back and forth for just under 2 months now it’s so stressful dealing with them as they don’t answer any of my messages so I have to phone wait for a response then do it all over again, absolute nightmare.

My issue is the backdating also as if I was aware of the extra entitlements at the time I was awarded them I would of been eligible for a extra bedroom but as I didn’t know I feel it is unfair and should be back payed for it as I was for the elements?

I spoke to them today and the mr I put it for the housing element to be back payed has not been successful as my case manager put it in and I don’t know what he wrote as I have never dealt with it before but looking on these forums I should have done it myself.

I also get that feeling as they don’t tell you about any extra entitlements either.

Kind regards

Jessie

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