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Back payments of PIP- ESA UC and 'linked benefits'

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4 years 11 months ago #231678 by Cat in a hat
Hi all,

Please bear with me for the long post and the fact that there are a few issues within this post aside from the main question.

I understand that Amber Rudd recently made an announcement that people applying for UC will no longer get their benefits back paid from the time that they applied, IF they did not physically go into a Job Centre to fill in their application.

Does anybody know if this policy is expected to be rolled out with regards to other benefits? For example, those of us who were transitioned onto PIP from DLA and have had our benefits reduced as a result?

In my situation, losing my care component of DLA (its equivalent on PIP being 'daily living) has been a 'double whammy' as not only have I lost out on a PIP, but it also means I lost my SDP of ESA too.

I am obviously appealing the decision , or rather will be, when they make a decision on my mandatory reconsideration if it is turned down... It has already been two months since I submitted my MR and depending upon that decision and whether I need to take my case to tribunal, its likely to take a long time.

If and when I do get my benefits reinstated, I will owed quite a lot in back-pay for not just PIP, but also ESA. I am in the support group after getting that decision overturned at MR but my PIP decision came literally within two weeks of winning my ESA MR, so I had my benefits reinstated for just two weeks, before it was decimated once again when PIP decision meant I lost my SDP.

My concern is that if I do get the decision overturned at appeal (or MR) will they still back pay both PIP and ESA from April 3 (which is when my benefits were reduced) or, like they are doing with UC, will they simple reinstate payments without awarding the backpay?

The other thing that came to my realisation is that people in a similar position to me, who lost out or lose out money when benefits were transitioned, will not be entitled to the transitional payments that DWP decided to pay people who were losing out on money when transitioned to UC.

My welfare advisor informed me that people such as myself, who were awarded ESA based on illnes/disability, would not be transitioned over to UC in the rolling out of this.


So in a sense, myself and others in the same situation, are losing out twice because we don't fall into the category of those who lost out under the UC transition (therefore we aren't entitled to the 'transitional payments' of those whose benefits were reduced after being moved to UC) yet we are losing out in a 'sideways step' when being transitioned from DLA to PIP if we don't get our daily living awarded. (I had been awarded care allowance under DLA at middle rate for life, over 20 years ago) . The bottom line is that my benefits have been virtually halved due to all these changes even though my health has worsened since then. Not getting back pay would add further insult to the' Dick Turpin' manner in which the DWP is treating people with disabilities. Apologies for the long post.
Cat

Think like a proton, always positive.

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4 years 11 months ago #231708 by Gordon
Cat in a hat

I'm sorry but there is no gentle way of saying this, you have completely misunderstood Amber Rudd's statement. :(

It will not affect your situation in any way, you will receive any back payment due if you receive a PIP Daily Living award as a result of your MR/Appeal.

Nor are you affected in regard to UC, when you are migrated to UC you will be eligible for Transitional Protection which should mean that you will not receive less on UC than you do at the time of transfer on ESA.

Gordon

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4 years 11 months ago #231719 by Cat in a hat
Replied by Cat in a hat on topic Back payments of PIP- ESA UC and 'linked benefits'
Thanks Gordon,
yes, I knew it was only people on UC who would lose out on back-pay, but I wondered if there are any plans from DWP to extend that policy to other benefits.

Also, re. transitional payments for UC. This didnt apply to me as I was inititially transitioned from Income support, over to ESA and understood that at some point, I'd be moved over to UC. Then the welfare advisor told me that people on ESA who are in support group, would not be transitioned to UC. I am still on ESA (IR) in support group, but lost my severe disability premium as a result of losing daily living when transitioned from DLA to PIP, therefore, arent entitled to any transitional payments as I'm not on UC and have lost money due to PIP transition (if that makes sense?)

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4 years 11 months ago #231720 by Cat in a hat
Replied by Cat in a hat on topic Back payments of PIP- ESA UC and 'linked benefits'
Good to know that backpay won't be affected if I get my benefit reinstated at MR/Appeal for PIP though. Thank you for clarifying.

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4 years 11 months ago #231728 by Gordon
Cat in a hat

The requirement to attend at a JC+ is specific to the UC new claim process, so not applicable to other benefits.

Your advisor is completely wrong there is no exemption for Support Group claimants and you would be entitled to Transitional Protection when migrated to UC.

Gordon

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