My husband when first assessed for PIP recieved 2 points for the engaging with other people activty. Due to the recent change in the law that impacts the point scoring for this activity the DWP wrote to my husband to say they had looked at his claim again but there was no change due to this new law. I have looked at the points scoring and my husband recieved a total of 11 points for daily living so if my husband had recieved 4 points for this activity he would have been awarded the higher rate of daily living points. After reading information I found on this website we have now writen back to the DWP to say that we do think my husband would have been eligible for 4 points in light of the change in the law and asked them to look at this again for him. I am aware that nothing may come of this if the DWP have already reviewed his claim and deicded that he would not have been due the 4 points. Though we have provided evidence of why we think he would of been. My question is though, if he was found to have been due 4 points, would the DWP back date any of the money that would have been due from a higher rate award? and if yes, will a back dated amount impact of current claim for Universal Credit in terms of savings? Many thanks for any thoughts or advice
If they look again and agree with your position, it will be backdated. A back payment is not counted as savings for the first year after it is received.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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