Irregularities in dates and payment amounts on termination of DLA following a PIP claim

Our client has learning difficulties, and having received DLA for many years she was “invited” to claim PIP.  On 24 July she was sent a Decision Notice refusing PIP at any rate.

Her DLA should have terminated four weeks after the next payday after the decision was made on her PIP claim.  Bank statements show that she was paid every four weeks, on a Wednesday, and that the payday following the decision date was 29 July.  Thus her final DLA payment of £307.60 should have been made on 26 August.

A DWP appeal submission and bank statements show that:
1) the decision date has been moved back to 21 July
2)  the final DLA payment was made on 18 August
3)  the final DLA payment was only £153.80.
thus depriving the client of £153.80.

For fear of being banned from Rightsnet for ever, I have chosen to select moderate language to describe what has taken place here.  I have prepared a full appeal submission which addresses all the issues raised by this appeal, and have asked for interlocutory directions for the SoS to provide a supplementary submission explaining the irregularities.

Meanwhile, colleagues may wish to double check decision dates, DLA termination dates and final payment amounts, for all cases involving DLA terminations on a PIP claim.

Won at Tribunal on Monday in a similar case. Brain injury, bipolar and epileptic DLA-PIP=0 points.

I am very concerned about the payment transition as the refusal to award PIP triggered an overpayment in DLA which was recovered through the client’s ESA.

I am unable to check payments as information given by the client is unreliable and we don’t have bank statements. I was going to ask PIP to double check his payments but don’t expect to get anywhere.