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DLA to PIP Backdating
- bencia123
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4 years 11 months ago #247906 by bencia123
DLA to PIP Backdating was created by bencia123
I made the claim for pip on 2nd of Oct 2019 and had all my forms etc completed and in by 10th Jan this year. Since then I have been waiting for a decision. Because I am on the lower rate of care for DLA I continued to receive this when i was waiting. I have only just received my decision that I will receive the higher rate of both care and mobility of pip from june and the difference between the DLA and PIP which is over 4 thousand pounds will not be backdated. My circumstances over the years have not changed that much over the years i have been on DLA and I believe I have been on the wrong rate this entire time and now with the latest issue with the backdating would like to know if there is anything i can do. Please any advice would be much appreciated, i have no idea what to do.
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- BIS
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4 years 11 months ago - 4 years 11 months ago #247908 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DLA to PIP Backdating
Hi Bencia123
I am sorry, but there is nothing you can do. If you believed that you should have been awarded a higher DLA award in recent years, then you had the opportunity to put in for a change of circumstances in which you would have been reassessed. Because DLA and PIP are different benefits and the criteria are different you only get PIP from the date of your change over. It's not backdated to the point of which you sent your form in.
BIS
I am sorry, but there is nothing you can do. If you believed that you should have been awarded a higher DLA award in recent years, then you had the opportunity to put in for a change of circumstances in which you would have been reassessed. Because DLA and PIP are different benefits and the criteria are different you only get PIP from the date of your change over. It's not backdated to the point of which you sent your form in.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 11 months ago by BIS.
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- bencia123
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4 years 11 months ago #247911 by bencia123
Replied by bencia123 on topic DLA to PIP Backdating
Thank you. But if new applicants are allowed to apply and have there claims backdated why are those who had been on DLA not allowed the same at least for the difference between the two. Are there not any rules that state claimants should not be treated differently or in a prejudicial way because of previous benefits or claims
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- Gary
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4 years 11 months ago #247919 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA to PIP Backdating
Hi bencia123
Date of award : If you get a decision to award PIP, entitlement to DLA ends four weeks after the next DLA pay day and the PIP award will begin on the following day. So if the decision is just after your pay day, the PIP award may not start for almost 8 weeks.
Unfortunately, this will be the case even if the PIP award has resulted in an increase in your entitlement (unless you asked for your claim to be re-assessed under special rules for terminal illness.
If your PIP claim is turned down, DLA entitlement will still run on for four weeks after your next DLA pay day. (PIP(TP) Regs, reg17).
Gary
Date of award : If you get a decision to award PIP, entitlement to DLA ends four weeks after the next DLA pay day and the PIP award will begin on the following day. So if the decision is just after your pay day, the PIP award may not start for almost 8 weeks.
Unfortunately, this will be the case even if the PIP award has resulted in an increase in your entitlement (unless you asked for your claim to be re-assessed under special rules for terminal illness.
If your PIP claim is turned down, DLA entitlement will still run on for four weeks after your next DLA pay day. (PIP(TP) Regs, reg17).
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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