DLA to PIP migration award start date - Advice needed

Hiya,

I’m Robin and I work for Tameside MBC Welfare Rights.

I have a case where my client was on DLA, and received his “invite” to claim PIP back at the start of 2022. His previous DLA award was indefinite, as he is an MS sufferer.

His first PIP decision only awarded 6 points for Daily Living from 26/04/22, but he continued to receive his DLA payments of the low rate care component until 18/10/22.

An MR was completed on 23/10/22, which upheld the decision at 6 points.

We started an appeal but DWP changed their decision and the appeal lapsed. 8 points now awarded, so he is entitled to the Standard rate of Daily Living. However, they’ve only awarded this from 18/10/22 as this is when his DLA payments ended.

Am I right in thinking that the start date of the PIP entitlement, following the lapse, should be 26/04/22? In which case he would be entitled to the difference between low rate care DLA and Standard rate Daily Living for PIP. (Appx £40 a week, give or take).

Should we be appealing this again? He’ll also get SDP & CTax discounts backdated if so, as well as getting the extra £150 cost of living payment, so it’s potentially worth more than just the basic PIP amount.

Tameside MBC Welfare Rights - 02 February 2023 03:07 PM

Am I right in thinking that the start date of the PIP entitlement, following the lapse, should be 26/04/22?

No - PIP awards are always effective from 28 days from the last DLA payday following the decision. This has been correctly applied in this case. See reg 17 PIP (TP) Regs.

There was a human rights based challenge to this provision where it was argued that ‘PIP winners’ ought to be able to take advantage of earlier entitlement dates which would otherwise apply but this was unsuccessful.

Ah, that’s a shame. Thanks Elliot, much appreciated. 😊