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CoC DLA to PIP - backdating
- Casdix
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1 year 2 weeks ago #284885 by Casdix
CoC DLA to PIP - backdating was created by Casdix
My daughter, 28, was on DLA indefinite award, MR care, Low mobility.
We did a CoC in June this year due to her declining mobility, which meant applying for PIP.
Decision letter dated 15 Oct awarded enhanced mobility and standard care from 15 Nov 23. I phoned to query why not backdated, to be told she gets DLA for a month after the decision, so enhanced rate can’t be paid til then.
When I said she is entitled to a backdated payment, the case manager said he hadn’t come across this before and will look into this and call tomorrow.
Any ideas? I think they should have awarded HR Mobility on DLA to be backdated til after changeover.
Also, review date set 26 Sept 26, so no chance to get a mobility vehicle. Do I need to do MR to see if we can change that?
We did a CoC in June this year due to her declining mobility, which meant applying for PIP.
Decision letter dated 15 Oct awarded enhanced mobility and standard care from 15 Nov 23. I phoned to query why not backdated, to be told she gets DLA for a month after the decision, so enhanced rate can’t be paid til then.
When I said she is entitled to a backdated payment, the case manager said he hadn’t come across this before and will look into this and call tomorrow.
Any ideas? I think they should have awarded HR Mobility on DLA to be backdated til after changeover.
Also, review date set 26 Sept 26, so no chance to get a mobility vehicle. Do I need to do MR to see if we can change that?
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- Gordon
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1 year 2 weeks ago #284889 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CoC DLA to PIP - backdating
C
I'm afraid the law is prescriptive in this area, the PIP Transfer Legislation, requires the new PIP award to start four weeks after the Decision is made, up until that time the DLA award remains in payment.
As a result of this, there can be no backdating of the new PIP award.
Gordon
I'm afraid the law is prescriptive in this area, the PIP Transfer Legislation, requires the new PIP award to start four weeks after the Decision is made, up until that time the DLA award remains in payment.
As a result of this, there can be no backdating of the new PIP award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Casdix
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1 year 2 weeks ago #284892 by Casdix
Replied by Casdix on topic CoC DLA to PIP - backdating
Surely they should backdate a DLA increase then?
This is so unfair.
It’s not my daughters fault they hadn’t got round to migrating her to PIP.
This is so unfair.
It’s not my daughters fault they hadn’t got round to migrating her to PIP.
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- Gordon
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1 year 2 weeks ago #284897 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CoC DLA to PIP - backdating
C
I'm afraid this has already been challenged at the Upper Tier Tribunal in front of a three Judge panel and found not to be discriminating.
Waiting for a transfer to PIP would not have made any difference.
I'm afraid it is a Catch-22; she wasn't assessed for a higher rate of DLA so that can't be paid and the PIP Decision only comes into force after the DLA ends.
Gordon
I'm afraid this has already been challenged at the Upper Tier Tribunal in front of a three Judge panel and found not to be discriminating.
Waiting for a transfer to PIP would not have made any difference.
I'm afraid it is a Catch-22; she wasn't assessed for a higher rate of DLA so that can't be paid and the PIP Decision only comes into force after the DLA ends.
Gordon
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- an ex nurse
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1 year 2 weeks ago #284909 by an ex nurse
Replied by an ex nurse on topic CoC DLA to PIP - backdating
Hi, having had a motability vehicle in the past, if memory serves me you only need one year left on an award to apply for a vehicle. Things may have changed but it might be worth talking to them. I hope this helps. Best wishes
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- Gary
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1 year 2 weeks ago #284931 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic CoC DLA to PIP - backdating
Hi an ex nurse
You are correct; You need a qualifying mobility allowance with at least 12 months left to apply; www.motability.co.uk
Gary
You are correct; You need a qualifying mobility allowance with at least 12 months left to apply; www.motability.co.uk
Gary
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