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Pension Credit Backdating
Hi
I have a case where on transition from DLA to PIP, PIP was unsuccessful but allowed at appeal (approximately 1 year later). Her DLA stopped which resulted in her pension credit entitlement ending. Approximately 1 year later, when PIP was awarded at appeal and backdated to when DLA ended, we made a new claim for Pension Credit. PC are stating that they can only backdate 3 months and not back to when PIP was awarded.
Is this correct?
Any advice would be greatly appreciated?
Thank you
In general for cases such as this, there are ways to get a benefit such as PC backdated to an award of another qualifying benefit.
However, CPAG 2017/18 p.1160 states that PIP does not count as a qualifying benefit under the relevant regulations, except for Carer’s Allowance, so this provision may not be possible and therefore 3 months backdating decision for PC may be correct.
Might be worth giving their advice line a call, because it appears it only requires a change to the Claims and Payments regulation?
Can the decision to end the PC not be revised in light of the revision of the PIP decision without a need for backdating?
Hi
Sorry to reopen this after so long but what was the outcome of this?
I have a client at the moment - he was in receipt of PC which stopped in Aug 2016 when he became entitled to his SRP. He made a claim for PIP in May 2016 however it was refused and we appealed, etc (he made the pensions service aware of his claim for PIP). His PIP appeal was successful (allowed Sept 17). The PIP award means that he is entitled to PC again. He has contacted them and they have advised that they can only backdate 3 months.
I’ve looked at CPAG and this implies that if you’re waiting for a decision in regards to PIP that you should ask for the DWP to wait before making a decision on the means tested benefit - how many people would know to do this?
Is backdating more than three months possible?
Any help greatly appreciated!!