In my experience, all new claims for PIP, when awarded, have been back-dated to the time of the original application. This has been constantly used by the DWP's as a let-out for the long delays that new claimants have faced.
However, in a recent case of transfer from DLA to PIP, they have only allowed the increased PIP award from the date of the decision and not from the date of the original transfer assessment. This is despite a delay of 6 months+ in the assessment and a telephone assurance from the DWP that the new rate would be backdated.
Is this normal practice and, if so, how can it be one rule for new claims and another for DLA/PIP transfers?
As you say, the rules are different depending on whether it is a new claim or a transfer from DLA. In the first case the payments are backdated to the start of the claim, in the latter case the PIP payment starts 4 weeks after the decision. If there were any other system for claimants transferring, there would be the potential for overpayment of those who were in receipt of DLA during the assessment but denied PIP.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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