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SDP backdating following award of enhanced PIP a year late
I apologise if I have asked this before…I have argued this with the DWP when it comes to ESA (CB) & (IR) when someone was on ESA (CB) and then due to a DLA award was then entitled to ESA (IR) but not when someone was previously on ICB.
My client was tv to ESA on 20/09/14 from ICB. On 17/11/14 he was finally awarded the enhanced rate of daily living for PIP from 23/09/13. ESA has correctly issued the SDP arrears from when his ESA began.
We completed a new claim for IS as he did not have a top up of IS with his ICB from 23/09/13 to 20/09/14 requesting that due to an award of a qualifying benefit he was entitled to SDP from 23/09/13.
DWP have come back to refuse the award of IS as he had no claim for this at the time.
What can I argue if anything?
Many thanks!
If client received help/advice when claiming PIP such advice should have included the option of making a protective IS claim. Too late now to make that claim.
Sadly he did it himself and only saw us when he received the PIP decision!
Sadly indeed. Timing is crucial but so many folk dont get that unfortunately
I assisted a client of mine complete a DLA application for her child
That was 2 1/2 years ago. I told her she must inform me of the outcome as we could appeal if turned down, and advise on benefits if successful.
I rang her several times for updates: no answer. Left voicemail messages. No reply.Wrote to client : no reply.
She came in for her renewal in the summer this year. HRC was awarded 2 years ago.
I asked her why she didnt tell me that we were succesful 2 years earlier. She said she had been “too busy”
She missed out on 8 grand in tax credits and 3 grand + in carers premiums.
She hasnt informed me of the renewal decision either. Sometimes i feel “too busy” to help some clients!
Sadly indeed. Timing is crucial but so many folk dont get that unfortunately
I assisted a client of mine complete a DLA application for her child
That was 2 1/2 years ago. I told her she must inform me of the outcome as we could appeal if turned down, and advise on benefits if successful.
I rang her several times for updates: no answer. Left voicemail messages. No reply.Wrote to client : no reply.
She came in for her renewal in the summer this year. HRC was awarded 2 years ago.
I asked her why she didnt tell me that we were succesful 2 years earlier. She said she had been “too busy”
She missed out on 8 grand in tax credits and 3 grand + in carers premiums.
She hasnt informed me of the renewal decision either. Sometimes i feel “too busy” to help some clients!
If the client does not let you know, they obviously don’t need the money LOL
You could make a request for a special payment for loss of statutory entitlement of IS. The argument sould be along the lines that ‘had the PIP decision been made in a timely manner I would have been able to claim the IS earlier… the excessive DWP delays for PIP claims have caused the loss of IS’.
I have used this approach in the circs you describe and to date it has been accepted and special payments made to cover the lost IS.
Thank you. I was considering this option. Is it worth putting in a MR for the IS decision?
I don’t see how an MR will help as they client did not have a claim for IS at the relevant time and so cannot claim it now, therefore I think you have two options (and I would run both at the same time):
1. Ask for the ESA claim which commenced on 20.09.2014 to be revised to establish income-related entitlement as per CE/4181/2013. See:
http://www.rightsnet.org.uk/briefcase/summary/whether-separate-claims-are-needed-for-contributory-and-income-related-esa and
2. Submit the special payment request for lost IS from 23.09.13 to 19.09.2014.
He is on ESA(IR) so has had the SDP from 20/09/14 paid, when he was migrated over the support group entitlement gave him both ESA CB & IR.
Will definitely try the special payment route.
Many thanks
Just to let you know the income support claim that we put in on 27/11/14 was initially refused but then backdated to 3 months on MR. Special Payments told us that they would only consider an award once the claiming procedure had been exhausted so thinking of trying again to get the missing 9 mths of SDP. Cannot see an appeal would work as Regs only state 3 mth backdating for IS…
Definitely special payment as you are right re; appealing the IS backdate.