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PIP result and backpay

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8 years 10 months ago #136580 by Ros1e
PIP result and backpay was created by Ros1e
I hope I'm doing this right as just finding my feet in the forum.
I am on DLA lower rate which was have run out in about April 2014. In January 2014 I was invited to complete an application for PIP. DWP wrote to me and said that as they had not yet made a decision on my PIP application they would extend my DLA payments til October 2014. However by that time I had still not had an assessment date and with no notification whatsoever, the DWP continued to pay the lower rate DLA into my account. Due to my health condition I had forgotten all about my PIP claim until I got a letter from Capita regarding my assessment, which took place in May. The assessor stated they must have lost my application form as she had no form and no supporting evidence.

I feel as though I have been cheated by the DWP because surely I should be backpaid to April 2014 when my PIP{ claim began, but by leaving me on extended lower rate DLA through no choice of my own, I believe the DWP do not now have to backpay as you cannot have DLA and PIP running together. Is this right? I had expected that they would backpay the difference between the PIP and DLA rate.

Sorry if my question is longwinded, and thank you in advance

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8 years 10 months ago #136602 by Gordon
Replied by Gordon on topic PIP result and backpay
ROE

I'm afraid the PIP legislation does not allow for the back payment of DLA/PIP if the PIP award is higher, there is no way to challenge this Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ros1e

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8 years 9 months ago #137072 by Ros1e
Replied by Ros1e on topic PIP result and backpay
Hi Gordon sorry for late reply as I couldn't find my own post on here, doh! Thank you for your response. It seems unfair doesn't it but there we go. I wouldn't mind so much but it took them 14 months to arrange the assessment but to be fair I was pleasantly surprised as the assessor (from Capita) gave a very honest report.

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