Issue with pip backpay not disregarded

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Comments

  • salem1
    salem1 Online Community Member Posts: 16 Connected

    thank you for the above information - I will chase them up on Monday.

    the decision maker was in northern Ireland - I asked on my journal if this was in Derry or Londonderry! I knew immediately they would lie and find a way of stopping my benefit. It’s like asking a Palestinian to determine if a Jew should get benefits, it’s never going to happen. Hence the remarks about firearms!

  • salem1
    salem1 Online Community Member Posts: 16 Connected

    I now have a date for the tribunal hearing, of course stressful and worrying, lots of sleepless nights - but hopefully the tribunal will see that transferring pip back pay from a current account to a savings account the amount should still be disregarded.

  • salem1
    salem1 Online Community Member Posts: 16 Connected

    thought I would give an update to this saga…

    On 07/04/25 I had my appeal hearing the decision made by Secretary of State was set aside.

    The judge wrote - I was entitled to uc from the 06/10/24 and any decision that flowed from the original removal of my entitlement from that date (eg lcwra) should be undone.

    I just want to thank all those who helped me on this forum, especially poppy123456 for sending me actual legislation that enabled me to challenge the DWP.

  • Holly_Scope
    Holly_Scope Posts: 2,653 Scope Online Community Coordinator

    That's really great news @salem1, congratulations ☺️

  • salem1
    salem1 Online Community Member Posts: 16 Connected

    well more than 2 months has passed since the court ordered my benefits reinstating - after numerous phone calls & letters it’s not happened. In my opinion it’s contempt of court. But there’s no time limit to reinstate my benefits - now I’ve received letters from bailiffs for council tax - when they stopped my uc/lcwra I lost council tax benefit! I’ve also recieved a s8 from landlord!

    over 8 months backpay and rising - will I be around to spend it?

  • Holly_Scope
    Holly_Scope Posts: 2,653 Scope Online Community Coordinator

    Oh @salem1 I'm so sorry to read this. Did the court not give a timeframe for the benefits to be reinstated?

  • salem1
    salem1 Online Community Member Posts: 16 Connected

    no they just wrote reinstated from the 06/10/2024

  • Holly_Scope
    Holly_Scope Posts: 2,653 Scope Online Community Coordinator

    I've found some information on the CPAG website which might be helpful. From what the website says, the appeal if they're over the appeal time period (1 month from award), then it looks as though they're breaking the law (but I'm far from a legal expert).

    You might need to seek some legal guidance to have this resolved, especially with the urgency with your housing situation. You might be entitled to legal aid. See link here for a bit more information - Finding free or affordable legal help - Citizens Advice

    Here's the information from the CPAG website I mentioned and the link to the webpage - Welfare Rights | After you’ve won – appeal outcomes and delays

    "If the DWP is out of time to appeal

    If the FtT has made an ‘outcome decision’, your client could consider sending a judicial review pre-action letter, arguing that the DWP is acting unlawfully contrary to regulation 46 of the D&A Regulations, under which the DWP must pay a benefit which has been suspended where there are no outstanding issues to be resolved, and under regulation 47 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (‘the C&P Regulations’), which provide that arrears of benefits must be paid ‘within seven days of the last day of the assessment period’ or if not possible ‘as soon as reasonably practicable thereafter’.

    A judicial review pre-action letter may resolve the issue for your client, but be aware that if it does not, your client is unlikely to be able to issue judicial review proceedings unless they are eligible for legal aid (due to the cost).

    Alternatively, your client could consider making a money claim through the county court (a letter before claim will also be required under the Pre-action Protocol for Debt Claims). The arrears of benefit (as decided by the FtT) are due immediately and should be paid ‘as soon as reasonably practicable’ (regulation 47 of the C&P Regulations, either in full or in instalments (regulation 47(6A))."

    I hope you're able to get some support so this can be resolved for you. It sounds like you've been through a huge ordeal with all of this. 💛

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