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DLA to PIP - claim date start

splurge
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Welfare officer - Peabody, London

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Total Posts: 101

Joined: 16 June 2010

Hello

My client was invited to claim PIP in March 2019. DLA remained in payment, but wont stop until 18th September 2019, and PIP will start around 18th October 2019.

My concern is that my client is now entitled to Enhanced Rate PIP daily living allowance where as DLA has paid middle rate care. Is there any ruling to get the difference in payment for the period from March 2019.

After all, its a long delay in time that shouldn’t have been if the DWP had been more efficient, he could have been getting the higher rate far sooner.

Elliot Kent
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Shelter

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Joined: 14 July 2014

This is correct. Entitlement starts 28 days later whether your PIP goes up or down as against your DLA.

The rule was looked at by the UT in TW v SSWP (PIP) [2017] UKUT 25 (AAC) and subsequently the further appeal to the Court of Appeal in Worley v SSWP [2019] EWCA Civ 15 and all grounds of challenging it failed.

splurge
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Welfare officer - Peabody, London

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Total Posts: 101

Joined: 16 June 2010

Thank you ever so much for this.

I am raising a complaint because there was no medical, no FME sought, and the recommendation was with the DWP by July, so there was no reason to delay by a further 3 months.

Just hoping to get some small ex gratia payment.

Daphne
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Permission to appeal to the Supreme Court has been refused in Worley v SSWP [2019] EWCA Civ 15