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PIP Refused
- Larry1234
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3 years 6 months ago #251897 by Larry1234
Replied by Larry1234 on topic PIP Refused
Gordon,
I had my HMCTS PIP appeal via telephone on the 7th and it found in my favour.
1. The appeal is allowed.
2. The decision made by the Secretary of State on xx/12/2019 in respect of the Personal Independence Payment is set aside
3. Mr. X is entitled to the daily living component at the standard rate from xx/7/2019 to xx/7/2024.
4. .... 8 points.
5. Mr. X is entitled to the mobility component at the standard rate from xx/7/2019 to xx/7/2024
6. .... 2. Moving around d) 10 points.
Larry
I had my HMCTS PIP appeal via telephone on the 7th and it found in my favour.
1. The appeal is allowed.
2. The decision made by the Secretary of State on xx/12/2019 in respect of the Personal Independence Payment is set aside
3. Mr. X is entitled to the daily living component at the standard rate from xx/7/2019 to xx/7/2024.
4. .... 8 points.
5. Mr. X is entitled to the mobility component at the standard rate from xx/7/2019 to xx/7/2024
6. .... 2. Moving around d) 10 points.
Larry
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3 years 6 months ago #251900 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Refused
Hi Larry1234
That really is terrific news, congratulations and well done. You can now have a well deserved rest, thank you for letting us know.
Gary
Tags: @RESULT @PIP @APPEAL
That really is terrific news, congratulations and well done. You can now have a well deserved rest, thank you for letting us know.
Gary
Tags: @RESULT @PIP @APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 5 months ago #253844 by Larry1234
Replied by Larry1234 on topic PIP Refused
HI Gary,
After having heard nothing from the DWP for almost 6 weeks I telephoned them only to find out that they "have not received" the appeal decision from the Tribunal. They are now requesting a duplicate.
Hopefully I will hear from them soon.
I will keep you updated.
Regards,
Larry
After having heard nothing from the DWP for almost 6 weeks I telephoned them only to find out that they "have not received" the appeal decision from the Tribunal. They are now requesting a duplicate.
Hopefully I will hear from them soon.
I will keep you updated.
Regards,
Larry
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3 years 4 months ago #254321 by Larry1234
Replied by Larry1234 on topic PIP Refused
HI Gary,
This morning I received another email from HMCTS notifying me of the PIP decision. I assume that as the DWP has requested a duplicate I receive one as well. The decision was made on 07/10/20 and issued to the appellant and respondent on 7/10/20. I received my copy a few days later.
I will continue to update you.
Regards,
Larry
This morning I received another email from HMCTS notifying me of the PIP decision. I assume that as the DWP has requested a duplicate I receive one as well. The decision was made on 07/10/20 and issued to the appellant and respondent on 7/10/20. I received my copy a few days later.
I will continue to update you.
Regards,
Larry
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3 years 4 months ago #254386 by Larry1234
Replied by Larry1234 on topic PIP Refused
Hi Gary,
The DWP have paid PIP backdated to 29/7/19 into my bank account. However they say an error was made in the Tribunal decision and requested an alteration by the HMCTS (The decision award was from the 8/7/19). HMCTS has replied and said there is no error and the decision remains unaltered. So I guess I should receive the difference in the end? (8/7 to 29/7).
I receive Universal Credit (limited capability for work) and unfortunately the PIP back pay has increased my 'savings' above the £6000 limit. Will I lose part of my UC payment because of this?
Regards,
Larry
The DWP have paid PIP backdated to 29/7/19 into my bank account. However they say an error was made in the Tribunal decision and requested an alteration by the HMCTS (The decision award was from the 8/7/19). HMCTS has replied and said there is no error and the decision remains unaltered. So I guess I should receive the difference in the end? (8/7 to 29/7).
I receive Universal Credit (limited capability for work) and unfortunately the PIP back pay has increased my 'savings' above the £6000 limit. Will I lose part of my UC payment because of this?
Regards,
Larry
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3 years 4 months ago #254390 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Refused
Hi Larry1234
No, In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital. Deprivation of capital is when you knowingly reduce or transfer elsewhere your savings or other capital to get, or increase your award of Universal Credit, so keep receipts of anything you spend your savings on.
Gary
No, In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital. Deprivation of capital is when you knowingly reduce or transfer elsewhere your savings or other capital to get, or increase your award of Universal Credit, so keep receipts of anything you spend your savings on.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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