Backdating after new award

I was awarded higher rate care after a review and reconsideration it’s been almost a year but much appreciated , will I get that higher rate backdated to review application ,I’m on adult disability payment

Hi, my award was increased after a review which took a year from the form being sent back. My award letter states I have been awarded since the date of the decision.

My award over the years has been as follows, showing changes in rates although my needs and issues have not really changed;

2013 - 2016 - Standard Care/Enhanced Mobility
2016 - 2019 - Enhanced Care/Standard Mobility
2019 - 2024 - Standard Care
May 2023 - Review forms sent out to me and returned to PIP - the review forms were about a year later than expected but my claim was extended by the DWP a couple of times
March 2024 - PIP assessment phone call
April 2024 - current - Enhanced Care/Enhanced Mobility awarded with a light touch review after 10 years

Full rates have been applied since the Decision but no backdating has occurred. I rang the DWP and asked about this and they said I would have to go through a Mandatory Reconsideration and I could lose my current award.

I do not know why I received different rates every time but maybe I did not put myself across properly and there was often discrepancies in the assessment reports. In 2019 I went to tribunal but the DWP decision was upheld. Sadly the write up from the Tribunal was little better than the assessors report and I felt bullied when one of the male members of the tribunal asked what I would do if I found myself alone in a strange part of town. I replied I would not get into that situation. He asked if it did happen would I ask a stranger for directions? I replied no. To which he asked "what if it was a woman? With kids?" I replied I didn't know. This was reported as I would have no problems getting directions from a stranger. I do not think either the questioning is appropriate, or the fact that even if I did it would cause me major distress. There were other discrepancies in the written report from the Tribunal but I did not have the strength to fight any further. I think many people give up due to the extreme stress it causes, and the very real prospect of losing everything as it has a knock on effect on other benefits.

However I found this;-
It is an excerpt (A4365) from ADM A4:Supercession, Suspension and Termination available at ADM A4: Supersession, suspension and termination (publishing.service.gov.uk)

DM’s own initiative A4365 Where a DM supersedes on their own initiative to deal with a change of circumstances and the result is advantageous to the claimant the supersession takes effect
1. for ESA and JSA, from the beginning of the benefit week in which action was started with a view to supersession
2. for PIP,
2.1 the date on which action was started with a view to supersession e.g. the date the review form was issued or
2.2 where the required period has not been satisfied, from the date on which the conditions for a higher rate of PIP was first satisfied
3 3. for UC, the first day of the AP in which action was started with a view to supersession

4. 1 UC, PIP, JSA & ESA (D&A) Regs, Sch 1, Part 1, para 10; 2 Part 2, para 18; 3 Part 2, para 12 4 Part 3, para 29 A4366 It will often be useful for the DM to make a note of the date they first noticed that action was needed to deal with a change so that there is evidence of the basis for the effective date subsequently used.

---

Can anyone explain this to me in English please as it seems to state that backdating should be paid from the date the review form was received by DWP? Or at least the date the conditions for a higher rate of PIP were first satisfied? I may be misunderstanding this. But is this is the case then does this need to be a Mandatory Reconsideration as it seems to be an error on the part of the PIP DM? I am reluctant to go forward with a mandatory reconsideration as I am afraid I will lose everything.

I have read that many other people ring up and get their award backdated - I was asked if I wanted to do a MR but could lose everything so I refused - I just cannot go through that kind of stress. Others have been told there will be no backdating as they would not claw back money from claimants if the award was reduced, yet other people report having to repay money.

Finally it would just be useful to know if there is an actual procedure and backdating is not just at the whim of a DM.

Hi I have just realised - I thought I had it as not showing in my settings. I have tried to change my username but it won't let me and tells me I have to contact a site administrator and I can't find out how to do that so am replying here. Many apologies for the inconvenience.