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PIP and back pay

Patty293

Hi everyone, thank you for accepting me into the group. My grandson who is autistic had to transfer over from DLA to PIP this year because of his age. My daughter did the telephone interview in May, having not received a decision a month ago she contacted them. Finally today they rang to say yes he was awarded PIP but the forms from May had been lost and therefore no back pay was being made. She can appeal but this could take another 3 months and no PIP would be paid until the appeal would be made.
Being a single parent she can not afford to wait any longer, but I see that by not paying back pay is morally wrong considering it was their gross error in losing the information. Are they allowed to do this or has anyone else had this experience.

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Comments

poppy123456

Hi,

When transferring from DLA to PIP there is no backdated money if the DLA award is still in payment. This is absolutely correct because you can't claim 2 disability benefits at the same time. I'm assuming he's been awarded a higher award than he was on for DLA? Imagine if he wasn't awarded PIP, you wouldn't expect to have to repay the DLA payments would you.

Unfortunately, you would be wasting your time and their's by challenging the decision not to backdate the money. PIP was introduced in April 2013 and the rules for transferring from DLA to PIP have always been the same... no backdated money.

calcotti

Are we correct in assuming the DLA is still in payment? The new PIP award starts four weeks after the decision is made and the DLA continues until then. I can understand the frustration that the decision has taken so long.

Patty293

Hi, no DLA stopped when he was 16, my daughter was late in applying for PIP, he is now well over 17

poppy123456

If the DLA stopped the PIP should be backdated to the date she rang to start the claim.

Patty293

yes buts the yes but that’s the problem when she did the telephone interview in May they are are saying all the information is lost and they had to re-start the claim 2 weeks ago

poppy123456

I'm a little confused here. In your opening post you said your grandson had to transfer over from DLA to PIP because of his age, then you said the DLA claim had ended because your daughter was late applying for PIP.

You said he was awarded PIP, is that correct? Then you said the claim had to be restarted 2 weeks ago? If he was awarded then why did the claim need to be restarted?

calcotti

If DLA had stopped before the PIP claim was made then we should ignore the DLA altogether. It is not a DLA to PIP transfer.

The PIP award should be backdated to the date the claim was started regardless of long it has taken to process the claim (7 months is shorter than many).

Patty293

he has only been awarded PIP today once my daughter found out 2 weeks ago when she had to go through the interview process yet again, that the original claim made in May this year, all the information had been lost.

They will only start payments now and not from when she first made the claim in May.
sorry for the confusion

calcotti

Patty293 said:.. the original claim made in May this year, ..They will only start payments now and not from when she first made the claim in May.

That isn’t correct. They should backdate to the date the claim was started.

Patty293

But because they’ve lost all the information from May they will only accept the claim from 2 weeks ago. So my daughter is penalised because they lost all the information given

calcotti

As advised, that is wrong. It would also be wrong for them not to pay the award while you challenge a decision not to backdate.

poppy123456

As advised, it’s not correct it should be backdated to the date she originally rang to start the claim.