× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP Review

Rachel1
forum member

North East Law Centre, Newcastle upon Tyne

Send message

Total Posts: 148

Joined: 9 October 2019

Hi guys, just double checking; When someone reports a change in circumstances and they get more points, hence further award, should the award be backdated to when they first advised the DWP of the change or from when the DWP made the decision?

Thanks!

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3151

Joined: 14 July 2014

It’s not as straightforward as that but has been discussed in other threads. E.g. https://www.rightsnet.org.uk/forums/viewthread/18784/ where I said:

Elliot Kent - 10 November 2022 01:41 PM

The questions in relation to a favourable supersession are:

(1) Is it appropriate to supersede on the basis of new medical evidence (reg 26 D&A) or change of circumstances (reg 23 D&A)?

(2) If it is appropriate to use reg 23, then what is the effective date? which will be either - D&A Regs sch 1:
(a) The date on which the change of circumstances occurred if it was reported in time or reported late with good reason (para 15, reg 36)
(b) The date of notification of the change if its a late report otherwise (para 14)
(c) The date on which action with a view to supersession was commenced by the SSWP acting on their own initiative (para 18)