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Passport benefit (Working tax credit) & PIP appeal

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5 years 6 months ago #220665 by blueisgreen
Hi everyone I'm currently in the process of being migrated from DLA to PIP and got my decision back (it is full of inconsistency at best and it reads as if they have mistaken my case for someone else's & disregards all of the supplied medical reports) and have not got any award with PIP and my DLA is to end so am planning to ask for a mandatory reconsideration and appeal if necessary.

However, I can't find any reliable information on what happens to passported benefits while you appeal (since I highly doubt this will be concluded until the new year). The closest I have found on this forum so far is about Car tax while appealing where even the DVLA did not know the answer.

So does anyone know what happens to the disabled worker element of Working tax credit if your claim is due to a disability (DLA does not mention on the tax credit paperwork and I have not claimed JSA or ESA in the last 2 years) and how to avoid a change of circumstance as I don't want to go anywhere near universal credit any sooner than I have to?

www.disabilityrightsuk.org/tax-credits-e...money-due-disability

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5 years 6 months ago #220707 by Gordon
zac

Tax Credits is not a benefit that we advise on but my understanding is that if there is no enabling award then the Element is lost immediately, however, if an appeal is successful then you should be able to claim the missed payments.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 6 months ago #220715 by blueisgreen
Replied by blueisgreen on topic Passport benefit (Working tax credit) & PIP appeal
Thanks - I was just hoping there would be a guide somewhere because of the chaos universal credit is causing since so many people have to appeal PIP (& ESA for that matter) decisions what happens to other benefits/legacy benefits while you wait.

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5 years 6 months ago #220731 by Orangeblossom
Replied by Orangeblossom on topic Passport benefit (Working tax credit) & PIP appeal
Hi- I have a bit of experience of this as when they last stopped my PIP the DWP informed tax credits who then stopped the severe disability premium as it was enhanced care PIP. When I won the appeal they actually contacted tax credits who reinstated it.

However working disability element is different and not just PIP claiming related- there is a fact sheet online about it and it seems would still be eligible if other criteria are met. such as previously claiming ESA.

I have found tax credits chat helpful and their helpline as well.

Link to factsheet here assets.publishing.service.gov.uk/governm...lpsheet_Eng_2018.pdf
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5 years 6 months ago #220759 by blueisgreen
Replied by blueisgreen on topic Passport benefit (Working tax credit) & PIP appeal
Thanks Orangeblossom,

If I'm interpreting your situation correctly you had claimed ESA just before your original Working tax credit claim so losing your DLA/PIP it didn't have an effect on the disabled worker element of Working tax credit. If so how long ago was the ESA claim and is it mentioned anywhere on the tax credit renewal?

As from what I have come across already losing (or gaining) severe disability premium isn't a change which would force you onto universal credit. But no-one seems to know what happens if DLA or PIP was the (only) grounds for getting disabled worker element of Working tax credit and you win the appeal.

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