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8 years 3 months ago #148620 by libra1
Replied by libra1 on topic Received DWP letter no decision yet - PIP
Just wanting clarification.

I have seen on this forum advice to say that when applying for PIP whilst in receipt of DLA, that whatever the decision (either refusal or granting of PIP), your DLA ends 4 weeks from the date of the DWP decision.

However, elsewhere, I have seen information to say that if refused, DLA continues to be paid for 4 weeks after your next DLA payday after the DWP decision.

This link explains this under the heading 'If I decide not to claim PIP or I am not awarded, my DLA payments will stop immediately':

www.gov.uk/government/uploads/system/upl.../pip-myth-buster.pdf

So, for example, if my next DLA payment is due 10th February 2016 and a decision letter refusing me PIP is dated 8th February 2016 from the DWP, DLA continues to be paid for 4 weeks after 10th February, not 8th February.

Is that right?

Thank you.

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8 years 3 months ago #148651 by Gordon
Replied by Gordon on topic Received DWP letter no decision yet - PIP
Libra

That's not our understanding and as far as we are aware, nobody has received more four weeks of DLA payments following a PIP Decision being made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 3 months ago - 8 years 3 months ago #148667 by libra1
Replied by libra1 on topic Received DWP letter no decision yet - PIP
Thanks Gordon.

That link is updated to June 2015 and my reading of it is you get your DLA from your next payday for 4 weeks. It is a government link too. So I am confused.

But, you say your experience is it ends 4 weeks after the date of a decision letter from the DWP. That contradicts government advice/information which is not that old.

Maybe it ought to be the subject of an FOI request. Very odd.
Last edit: 8 years 3 months ago by .

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8 years 3 months ago - 8 years 3 months ago #148669 by

libra1 wrote: Thanks Gordon.

That link is updated to June 2015 and my reading of it is you get your DLA from your next payday for 4 weeks. It is a government link too. So I am confused.

But, you say your experience is it ends 4 weeks after the date of a decision letter from the DWP. That contradicts government advice/information which is not that old.

Maybe it ought to be the subject of an FOI request. Very odd.


Hi l1,

Maybe an FOI request would be in order :

www.whatdotheyknow.com/

If you do make one, please let us know when you receive a response ! :)

bro58
Last edit: 8 years 3 months ago by .

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8 years 3 months ago #148672 by libra1
Replied by libra1 on topic Received DWP letter no decision yet - PIP
Hello bro58,

It's not my lack of comprehension, is it? The information is clear:

"If PIP is not awarded your DLA will stop being paid 28 days after the next payday following the decision on the PIP claim. The extra 28 days of payment is to allow you more time to adjust to any change in entitlement brought about by the new PIP decision."

As for an FOI request... Never done one of those before but thanks for the link. However, it may be easier just to ring up the DWP themselves and confirm it since it is in their 'PIP Myth Buster' info. online. I may try that route first. :S

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8 years 3 months ago #148677 by Gordon
Replied by Gordon on topic Received DWP letter no decision yet - PIP
Libra

I suspect that we both may be right!

See

www.legislation.gov.uk/uksi/2013/387/regulation/17/made

So legally and in practice, the run on is always 28 days but in reality it may be longer as he effective date for the Decision (which is the important one), rather than the date that the Decision is made on is adjusted to fit the DLA pay day.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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