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DLA Clawback.
- mtimp
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9 years 9 months ago #123599 by mtimp
DLA Clawback. was created by mtimp
I have recently changed over from DLA to PIP.
I received my PIP award letter a few weeks ago and it advised me that, not only was my claim for PIP mobility unsuccessful, but my award for DLA mobility was also to be canceled and this was to backdated to December 2013 [ when I made the initial claim for PIP ]
I am expecting my first PIP payment tomorrow, 4 x Higher Rate Daily Living component, which I expect to be approx £325 but, according to my math re the mobility decision, I calculate I owe them approx £400.
Can I expect ANY money tomorrow or will they deduct the first £325 that I owe them so that I receive no payment whatsoever??
I should add that I have requested a Man Req re the original scoring and decision.
Thanks in advance
I received my PIP award letter a few weeks ago and it advised me that, not only was my claim for PIP mobility unsuccessful, but my award for DLA mobility was also to be canceled and this was to backdated to December 2013 [ when I made the initial claim for PIP ]
I am expecting my first PIP payment tomorrow, 4 x Higher Rate Daily Living component, which I expect to be approx £325 but, according to my math re the mobility decision, I calculate I owe them approx £400.
Can I expect ANY money tomorrow or will they deduct the first £325 that I owe them so that I receive no payment whatsoever??
I should add that I have requested a Man Req re the original scoring and decision.
Thanks in advance
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9 years 9 months ago #123600 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Clawback.
TP
Welcome to the forum.
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Were you invited to claim PIP or did you make the claim on your own?
As far as I am aware, if a DLA claim is still in payment then a PIP award cannot be backdated and by implication your DLA cannot be cancelled early, just because you do not qualify for PIP Mobility does not mean that you do not continue to meet the criteria for DLA Mobility.
The procedure should be that once the PIP Decision is made, DLA will be paid for a further 4 weeks and then the claimant will start receiving any PIP payments that are due. PIP, like DLA is paid four weeks in arrears.
Once a claimant starts a PIP claim they cannot retain their DLA award in part or in whole, so even though you did not qualify for the PIP Mobility component you could not retain your DLA Mobility award.
All I can suggest at this point is that contact the DWP for an explanation of the letter, there should be a phone number for queries on the award letter.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Were you invited to claim PIP or did you make the claim on your own?
As far as I am aware, if a DLA claim is still in payment then a PIP award cannot be backdated and by implication your DLA cannot be cancelled early, just because you do not qualify for PIP Mobility does not mean that you do not continue to meet the criteria for DLA Mobility.
The procedure should be that once the PIP Decision is made, DLA will be paid for a further 4 weeks and then the claimant will start receiving any PIP payments that are due. PIP, like DLA is paid four weeks in arrears.
Once a claimant starts a PIP claim they cannot retain their DLA award in part or in whole, so even though you did not qualify for the PIP Mobility component you could not retain your DLA Mobility award.
All I can suggest at this point is that contact the DWP for an explanation of the letter, there should be a phone number for queries on the award letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mtimp
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9 years 9 months ago #123601 by mtimp
Replied by mtimp on topic DLA Clawback.
Hi, thanks for the response.
I was invited to claim PIP. I live in the East Midlands which I understand was a Pilot Area for the change over and, as my DLA was ready for review, I was instructed to claim PIP instead.
I did think it was naughty that, because I was a DLA claimant, any increase in payment via PIP would not be backdated, but a recovery of DLA based on the PIP assessment could be.
I will ring them again.
Thanks.
I was invited to claim PIP. I live in the East Midlands which I understand was a Pilot Area for the change over and, as my DLA was ready for review, I was instructed to claim PIP instead.
I did think it was naughty that, because I was a DLA claimant, any increase in payment via PIP would not be backdated, but a recovery of DLA based on the PIP assessment could be.
I will ring them again.
Thanks.
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- Gordon
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9 years 9 months ago - 9 years 9 months ago #123602 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Clawback.
TP
If you were invited then the procedure is definitely a four week run on of DLA and then a switch to PIP.
Gordon
If you were invited then the procedure is definitely a four week run on of DLA and then a switch to PIP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 9 months ago by Gordon.
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