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PIP Review Start Date of New Award
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10 months 2 days ago #286998 by e
PIP Review Start Date of New Award was created by e
I wonder if anyone can help me to understand the DWP's policy on back payments after a PIP review.
My husbands last PIP award on was due to end 29.04.24 having been extended during the covid period. He had been receiving standard rate for both components because of mental health difficulties We were sent the review paperwork in December 2022 and returned the how your disability effects you form on 04.01.23. During that month my husband had an Autism assessment and in February received a formal diagnosis of Autism with recommendations of how to support him. As soon as we had this I contacted the PIP enquiry line to let them know of this change in circumstance and forwarded the report to them in support of the review. Eventually on 17.01.24 a decision was made and the award was increased to enhanced rate of both components which obviously we are really pleased about.
My issue is that I would have expected that the award would have been backdated to the time of review which is when all the evidence was submitted and then to have received a back payment for the period up to the date of the decision. I rang the helpline to question this and after checking with a case worker the agent told me that there had been a "difference of opinion" and when this happens the award starts from the date the decision is made.
I have asked for a M.R as it seems to me completely wrong to make any change in award at the date of decision and not from when they gained the evidence to make that decision. If they had they not taken over a year to complete the review then presumably he would have been receiving the enhanced rate for a longer period.
I am wondering if anyone has had a similar experience or can clarify the rules regarding this. I plan to go to appeal if necessary but would welcome any advice. Many thanks
My husbands last PIP award on was due to end 29.04.24 having been extended during the covid period. He had been receiving standard rate for both components because of mental health difficulties We were sent the review paperwork in December 2022 and returned the how your disability effects you form on 04.01.23. During that month my husband had an Autism assessment and in February received a formal diagnosis of Autism with recommendations of how to support him. As soon as we had this I contacted the PIP enquiry line to let them know of this change in circumstance and forwarded the report to them in support of the review. Eventually on 17.01.24 a decision was made and the award was increased to enhanced rate of both components which obviously we are really pleased about.
My issue is that I would have expected that the award would have been backdated to the time of review which is when all the evidence was submitted and then to have received a back payment for the period up to the date of the decision. I rang the helpline to question this and after checking with a case worker the agent told me that there had been a "difference of opinion" and when this happens the award starts from the date the decision is made.
I have asked for a M.R as it seems to me completely wrong to make any change in award at the date of decision and not from when they gained the evidence to make that decision. If they had they not taken over a year to complete the review then presumably he would have been receiving the enhanced rate for a longer period.
I am wondering if anyone has had a similar experience or can clarify the rules regarding this. I plan to go to appeal if necessary but would welcome any advice. Many thanks
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10 months 2 days ago #287010 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Review Start Date of New Award
Hi e
A claimant can put in for a change of circumstance at any time. When they do that, the DWP normally sends out a review form - the claimant returns it, and if they receive an improved award - it is back-dated to the point that they reported the change of circumstances.
If a claimant has a review - and they are given an improved award - the new award starts from the decision date, regardless of how long it has taken for that decision to take place.
I think the issue in your case is a grey area, which is why the case worker said there was a difference of opinion. I obviously don't know what you said on the phone - but you said in your post that you said that you were reporting the change of circumstances to use as part of the review. I think that they then have just added the new diagnosis as additional information to the form they already had and not treated it as an actual 'change of circumstances.'
When claimants report a new diagnosis -the DWP won't necessarily treat it as a 'change of circumstance' unless someone specifically says so, as a new diagnosis may not make any difference to a person's award.
Now, obviously, you can ask them to look at that decision, but you don't need to put in an MR for that because what you are challenging is essentially about the time the award starts and the money. You won't be able to put in an 'Appeal' because it is an internal matter for the DWP and not something that the Tribunal Service deals with. They only deal with people appealing their award - and you are satisfied with that.
If one of the mods has a different view - they will give it.
BIS
A claimant can put in for a change of circumstance at any time. When they do that, the DWP normally sends out a review form - the claimant returns it, and if they receive an improved award - it is back-dated to the point that they reported the change of circumstances.
If a claimant has a review - and they are given an improved award - the new award starts from the decision date, regardless of how long it has taken for that decision to take place.
I think the issue in your case is a grey area, which is why the case worker said there was a difference of opinion. I obviously don't know what you said on the phone - but you said in your post that you said that you were reporting the change of circumstances to use as part of the review. I think that they then have just added the new diagnosis as additional information to the form they already had and not treated it as an actual 'change of circumstances.'
When claimants report a new diagnosis -the DWP won't necessarily treat it as a 'change of circumstance' unless someone specifically says so, as a new diagnosis may not make any difference to a person's award.
Now, obviously, you can ask them to look at that decision, but you don't need to put in an MR for that because what you are challenging is essentially about the time the award starts and the money. You won't be able to put in an 'Appeal' because it is an internal matter for the DWP and not something that the Tribunal Service deals with. They only deal with people appealing their award - and you are satisfied with that.
If one of the mods has a different view - they will give it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 months 2 days ago #287021 by e
Replied by e on topic PIP Review Start Date of New Award
Thank you so much for your reply in which you were much more articulate than the DWP agent I spoke to on the phone. What you have told me makes a lot of sense. I am still confused though as after our previous review which took about 10 months to complete, my husband went from no mobility to standard rate and received a large back payment which I assumed was from the review date.
Regarding the M.R I was given conflicting advice on the phone but was told by the agent to ask for one if I did not agree.
Regarding the M.R I was given conflicting advice on the phone but was told by the agent to ask for one if I did not agree.
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10 months 2 days ago #287026 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Review Start Date of New Award
Hi e
We come across your situation quite often on the forum. We advise claimants when they report a change in circumstances over the phone to follow it up in writing and send it by recorded delivery.
As BIS has correctly pointed out a review will start from when a decision has been made whereas a change of circumstances should start from the date of the phone call.
Gary
We come across your situation quite often on the forum. We advise claimants when they report a change in circumstances over the phone to follow it up in writing and send it by recorded delivery.
As BIS has correctly pointed out a review will start from when a decision has been made whereas a change of circumstances should start from the date of the phone call.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 months 3 weeks ago #287217 by e
Replied by e on topic PIP Review Start Date of New Award
Hi, just to update . After reading your advice I phoned Pip up again to query my already submitted M.R form. I was told that a M. R was definitely the right way to raise my concern, and so far no-one from DWP has told me that an award from date of decision after a review is standard practice. I was then put through to a manager who explained that start date of the award is up to the decision maker to set although they have to justify this. After reading me the D.M's reason I am still not satisfied that it is either fair or logical in any way for my husband's award to start from this date so I am now waiting for the result of the M.R.
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9 months 2 days ago #288255 by Merrykerry1
Replied by Merrykerry1 on topic PIP Review Start Date of New Award
My review was due Dec 2020 but extended to 2021 then 2022, then 2023. I received the forms Dec 2022 and returned Jan 2023.
I finally had my review with an improved allowance (from standard living to higher).
The auto phone system told me the amount and next payment date, the amount mentioned didn't include any back payment so I held on to speak to a person.
The gentleman confirmrd, i am entitled for the difference to be back dated to Jan 2023 but he's not sure why it's not on the system.
He done some "admin stuff" yesterday and when back in work on Monday will call me and hit "the button" for bacs.
If i hadn't called i and questioned it, i wouldn't be getting thousands of pounds next week - the whole thing seems confusing
I finally had my review with an improved allowance (from standard living to higher).
The auto phone system told me the amount and next payment date, the amount mentioned didn't include any back payment so I held on to speak to a person.
The gentleman confirmrd, i am entitled for the difference to be back dated to Jan 2023 but he's not sure why it's not on the system.
He done some "admin stuff" yesterday and when back in work on Monday will call me and hit "the button" for bacs.
If i hadn't called i and questioned it, i wouldn't be getting thousands of pounds next week - the whole thing seems confusing
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