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PIP tribunal won but lost Pension Credit
- SLW
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5 years 2 months ago #245028 by SLW
PIP tribunal won but lost Pension Credit was created by SLW
Following a recent tribunal hearing I was awarded higher rate PIP for both components, Daily activities and Mobility on 29th January this year retrospectively from April 2019.
The intention of the Tribunal in back-dating the award was surely to ensure that any benefits that should have been paid had the DWP awarded correctly in April 2019, would indeed be paid now.
However, the law regarding Pension Credit changed in May 2019 and due to this change we no longer qualify as I am under retirement age, prior to May 2019 this did not matter, therefore as far as "passport" benefits go the retrospective award has been stymied by a change in legislation that occurred after my PIP award.
This cannot possibly have been the intention of the Tribunal when they back-dated the award, but what can we do about it? If we ask for a mandatory reconsideration of the Pension Credit decision they will simply apply the (new) law - and we will not be in the position we should have been in all along.
Please can anyone help or point us in the direction of any case law on this matter?
The intention of the Tribunal in back-dating the award was surely to ensure that any benefits that should have been paid had the DWP awarded correctly in April 2019, would indeed be paid now.
However, the law regarding Pension Credit changed in May 2019 and due to this change we no longer qualify as I am under retirement age, prior to May 2019 this did not matter, therefore as far as "passport" benefits go the retrospective award has been stymied by a change in legislation that occurred after my PIP award.
This cannot possibly have been the intention of the Tribunal when they back-dated the award, but what can we do about it? If we ask for a mandatory reconsideration of the Pension Credit decision they will simply apply the (new) law - and we will not be in the position we should have been in all along.
Please can anyone help or point us in the direction of any case law on this matter?
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- Gary
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5 years 2 months ago #245034 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP tribunal won but lost Pension Credit
Hi SLW
What changed on the 15th May last year relates to mixed aged couples, prior to May, PC was based on the oldest of a couple but now PC is based on the youngest of a couple. If you were in receipt of PC before 15th May 2019, you will still be eligible for PC now providing you continue to meet the qualifying conditions. The rule changes affected new claimants.
Gary
What changed on the 15th May last year relates to mixed aged couples, prior to May, PC was based on the oldest of a couple but now PC is based on the youngest of a couple. If you were in receipt of PC before 15th May 2019, you will still be eligible for PC now providing you continue to meet the qualifying conditions. The rule changes affected new claimants.
Gary
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- SLW
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5 years 2 months ago #245065 by SLW
Replied by SLW on topic PIP tribunal won but lost Pension Credit
Sadly this is not the case, we have tried to claim it and been told we can't. The quote below is from www.gov.uk/pension-credit/eligibility
If you already get Pension Credit and you’re in a couple
You’ll continue to get Pension Credit if you were getting it before 15 May 2019 even if your partner is under State Pension age. If your entitlement stops for any reason, for example your circumstances change, you cannot start getting it again unless you (or your partner) are eligible under the new rules.
So because I lost my initial claim for PIP our Pension Credit was stopped as my husband was no longer entitled to Carers Allowance. We have applied to reinstate Pension Credit but been told the above applies despite having been awarded PIP backdated to before the changes were introduced.
If you already get Pension Credit and you’re in a couple
You’ll continue to get Pension Credit if you were getting it before 15 May 2019 even if your partner is under State Pension age. If your entitlement stops for any reason, for example your circumstances change, you cannot start getting it again unless you (or your partner) are eligible under the new rules.
So because I lost my initial claim for PIP our Pension Credit was stopped as my husband was no longer entitled to Carers Allowance. We have applied to reinstate Pension Credit but been told the above applies despite having been awarded PIP backdated to before the changes were introduced.
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- Gordon
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5 years 2 months ago #245066 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP tribunal won but lost Pension Credit
SLW
The DWP is incorrect.
Providing your Pension Credit claim was closed because you lost your PIP award then the circumstances under which the PC was closed no longer exist due to the Tribunal Decision.
You will need to follow a specific route back to having your PC paid.
First, you must get the Carers Allowance reinstated from the date it was stopped you normally have one month from the date of the Tribunal Decision to request this is done.
When the CA is back in payment then you should be able to request the PC is put back into payment then the PC should be payable from the original date.
Gordon
The DWP is incorrect.
Providing your Pension Credit claim was closed because you lost your PIP award then the circumstances under which the PC was closed no longer exist due to the Tribunal Decision.
You will need to follow a specific route back to having your PC paid.
First, you must get the Carers Allowance reinstated from the date it was stopped you normally have one month from the date of the Tribunal Decision to request this is done.
When the CA is back in payment then you should be able to request the PC is put back into payment then the PC should be payable from the original date.
Gordon
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5 years 2 months ago #245070 by SLW
Replied by SLW on topic PIP tribunal won but lost Pension Credit
Thank you Gordon, we shall try again on Monday. We were fobbed off when we called both PC and CA the week after the tribunal. However looks like we may have missed out as he tribunal was on 29 January.
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- Gary
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5 years 2 months ago #245071 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP tribunal won but lost Pension Credit
Hi SLW
As Gordon has stated, sort out your CA first then you should be able to request that PC is put back into payment, PC should be payable from the original date, if it is not, then ask for an 'any time review'.
Gary
As Gordon has stated, sort out your CA first then you should be able to request that PC is put back into payment, PC should be payable from the original date, if it is not, then ask for an 'any time review'.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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