I have a question and I am hoping someone out there will be able to give me some help with the answer. I was in receipt of DLA and had to apply for PIP. I have been awarded enhanced on both which is great news I know as so many of you are having to fight for it so I do count myself as very lucky!! My question is I applied in Feb14 and had my result in July for pip to start in sept. My DLA was paid to me through this time but only low rate. I have been told that due to me still being paid DLA I do not get PIP backdated.
Is this correct? Due to the fact that I put the claim in in the Feb I didn't ask for my DLA to be reviewed when my condition changed. So are they correct in not backdating.
Many thanks to anyone who can answer this.
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scatter
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So pleased that you have had this wonderful decision but isn't this all so complex. That is the trouble with these new benefits not enough people have gone through the process for us to get a proper picture of what happens. I have managed to get access to the PIP handbook and thought this little piece might be of interest which could explain their decision on saying they would not backdate PIP.
" People cannot get PIP and DLA at the same time. A PIP decision will automatically end the DLA claim. If PIP is not awarded or not claimed then DLA will stop" .
I also found a thread on another site supported by a well known disability charity where someone who is training to be a lawyer has tried to explain some of the PIP rulings and they seem also to think because of the complexities that it could throw up that the government came to the decision of not backdating because of all the other benefits that could also be involoved if they did.
Did they give any reason why they had started PIP from September in their letter giving you your award? Was it because your DLA would have naturally ended then? This could also be an explanation.
If you are still unsure it would be worth asking advice from someone like the CAB to double check it.
Thank you for your reply no they gave no reason my DLA was due to end in June so I was lead to believe that if PIP was granted then it would start from then. Now they say as they still paid DLA it starts from Sept as as they kept DLA going. They always have an answer.
I am sure that someone must lie in bed every night dreaming up the most complex rules and regulations that no one else but themselves understands so we are kept in the dark and don't query them, I have just found this bit of gobble gook in their handbook:-
"Will there be a break in payments before you start getting PIP?
If you've claimed PIP and supplied all the evidence requested in time, there should be no break in your payments if you're entitled to PIP. Your PIP payments should start from the day after your DLA payments stop.
If your DLA award is due to end before you get a decision on your PIP claim, the DWP will extend your DLA award so there is no break, provided you have complied with the PIP claims process."
I know that this looks as clear as mud in some instances but hope it helps.
I do not really know the answer to this myself. However, I can imagine that since DLA is payable until PIP starts, then you would not get any back pay? I think that rosewine has given you some wonderful information in her reply also.
Hi, this happened to me. I was on dla and ask for a reassement as I had been diagnosed with additional illnesses and my condition and mobility had got worse. After an atos assessment my dla which was due for renewal in Nov 2013 was stopped in Oct 2013. I put in an appeal and when I received the renewal forms was told I could not renew but had to claim pip. I won my appeal in April 2014 for dla, and received a back pay, I was then awarded pip in May 2014 and also received a back pay from when I claim. My PIP payments were then stopped as I was told the back payment for pip should not have been paid to me as I was already receiving dla and you cannot get both benefits. I was then contacted by dwp who said my pip payment was being reinstated and although I had been incorrectly paid the back payment, it was their error and they were recommending to the overpayments department that I did not have to repay the money as I had already used it to lower the step on my front door, as I was refused the disabled facilities grant as my income was too high.
Thank you for replying. I feel that they make things up as they go along!! So they shouldn't make you pay it back. Can I ask what is a disabled grant? I have never had to claim benefit before what a mine field it is. I too am going to have to adapt our house to make things easier for me. Ie lever taps, steps at our doors and several other things. We are doing this as and when we have spare cash which these days are very rare!!
My illness has been a huge shock to the family we are still trying to get our heads round it just like everyone on the forum.
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