PIP review finally got decision but not backdated as PIP was extended

PIP award- standard rate daily living, enhanced rate mobility.

claimant invited to complete PIP review 20/12/2021 for actual review date of October 2022.

PIP award was extended while waiting past the review end date.

PIP review decision made on 28/03/2023 to increase PIP from 28/03/2023 to 06/02/2027
only paid backdate of 4 weeks.

In the pip2 form, we asked for an indefinite award to be considered, as mental health had been significantly affected by the uncertainty of PIP reviews. In the past had an appeal and had taken an overdose as unable to cope.

Has anyone else had experience of these PIP reviews not being backdated and did they manage to get it changed by phone or did they have to do an MR?

I’ve a feeling it’s going to need to be an MR to sort out the award length.

I’d really appreciate any experience you have with similiar cases.

This has been much discussed in other threads.

The short version - the DWP has two essential routes on which to conduct a supersession. The first is to supersede the award on the basis of a change in circumstances under reg 23 D&A Regs. The general rule is then that the supersession takes effect from the date on which the circumstances changed, or at least when they were reported (e.g. by returning the form). The second route is the more general power to supersede under reg 26 D&A Regs which does not depend on a change in circumstances. A reg 26 supersession will always take effect on the decision date. Which is appropriate will depend on the circumstances including whether the increase in the award is attributable to a specific identifiable change in circumstances as opposed to just general fluctuation or change in opinion.

In your case, DWP have used the reg 26 procedure which is why the decision date is also the effective date. It will certainly need an MR to have an earlier effective date used. It will depend on showing that the supersession was in fact due to a change in circumstances and showing when that change occurred and when it was reported.

Interestingly I have recently represented in a Tribunal where a client reported a change and the DWP referred it to an HCP

They superseded the award on receipt of the PA4 , removed the mobility component and shortened the period of the award, leaving only the standard rate of the daily living component (date of supersession same date as PA4)

Client applied for MR and the DWP confirmed the supersession

The Tribunal awarded enhanced rate for both components from the date of the reported change of circumstances and extended the period of the award to that of the original award

I cannot vote in the poll as we had to go to Tribunal