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Forum Home  →  Discussion  →  Disability benefits  →  Thread

effective date of decision when changed of circumstances causes migration to PIP

Daphne
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Hi -

this has been raised within the NAWRA committee ... anyone got any thoughts?

Arose where a person (within a PIP reassessment area), currently in receipt of DLA, has been given a DS1500 which has triggered a transfer to PIP as a change of circumstances. Whilst it had been assumed that PIP would be paid from the date of request, the DWP has said that PIP will not be paid until 4 weeks after the PIP decision and that this isn’t just because its special rules, but will apply to all cases where someone notifies a change of circumstances.

Under the PIP (Transitional Provisions) Regulations 2013 –

• when a DLA entitled person notifies a change of circumstances they fall under reg 20(5) which means they get invited to claim PIP under reg 3(5) and 3(1) (if they are in a PIP reassessment area) and it cannot be treated as a supersession for DLA (reg 20(2))
• the DS1500 in this case in effect becomes a claim for PIP (or in any other change of circumstances the claimant would complete the PIP2 form) and they then become a ‘transfer claimant’
• under reg 17(1) the DLA terminates and the PIP decision takes effect 28 days after the first pay date following the PIP decision

This means that instead of getting an increased award (assuming it is increased) from the date of notification it could be substantially later.

In a terminal illness case even if they make the decision quickly it will not take effect till 28 days after the next pay day. If the decision is just after pay day this could be closer to 56 days!!

In a standard change of circumstances case where the claimant has to wait for an assessment and then a decision it could be several months.

Apparently Macmillan have raised this with DWP whose response is that there would be ‘some winners and some losers’. Probably more of the latter I suspect since people will generally be going for an increased award!

Julie Stuart
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This has been raised on a number of threads already.

The result of the transitional regs means no implementation of new rates for 28 days after a decision.  In DS1500 cases this usually means in practice people losing about 7 weeks of the increase which is pretty poor and those I’ve spoken to in the DWP don’t like it either.

However, it is far worse for those folk who do not have a DS1500 because their adjudication takes forever.  So you wait 6 months for an assessment by a health care professional, up to a month once that’s done for a decision and then a further month before it’s put into payment - effectively you only get the increased payment 11 months after your increased needs have arisen. 

Had you not already had a DLA award and applied for PIP 3 months after your needs arose you would have had the money backdated to your date of claim.

Doesn’t seem right does it?

Gail Knight
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Welfare rights - Halton Council

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This is exactly the senario I have
customer has lost out approx £100 per week as claimed PIP October 2013 after numerous complaints etc etc re delay which I wont bore you all with as we all in the same boat.

Decision made 4th May 2014 effective 4th June 2014 28 days after DLA ceases dla was Low Mob award PIP is Enhanced Mob, standard care.

It is an outrage effectively because of delays by DWP & ATOS customer loses out on near on 8 months benefit.

Daphne
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that is shocking but inevitable with the way the legislation is currently set up. Useful to have examples though for social policy purposes.

Out of interest how did she manage to put a PIP claim in on 13 October if DLA was in payment - or was the DLA award still pending appeal?

Andrew Dutton
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Just had one of these - DS1500 claim made 28/3/2014 for someone already on DLA lr care and hr mob, but PIP enhanced rates are not in payment till 10/6/14.

Gail Knight
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Welfare rights - Halton Council

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Daphne - 29 May 2014 04:32 PM

that is shocking but inevitable with the way the legislation is currently set up. Useful to have examples though for social policy purposes.

Out of interest how did she manage to put a PIP claim in on 13 October if DLA was in payment - or was the DLA award still pending appeal?

Yes Daphne DLA was awaiting appeal tribunal hearing

Gail Knight
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The regs seem to be protecting people who lose benefit under the transition but doing nothing for the people who have increased needs.

ALso my customer has lost out on CA & UECP for this 8 month period also