Removing benefit cap on start of new PIP award

Happy NY everyone.  I have this benefit capped client who was just awarded PIP EDL and SM.  She has reported her PIP award on UC journal and asked them to remove the benefit cap.
First UC reply was along the line thanks for telling us but your PIP award does not affect your UC. 
She got back to them with link to ukgov website where it says that you are not affected by benefit cap when in receipt of PIP, and asked them again to remove benefit cap. Now the latest reply is ‘I am unable to remove the benefit cap until the system picks it up’.
The client has asked them to clarify what they mean & to escalate to a manager.
Does anyone know what the correct procedure for ending benefit capis?  And is it worth waiting for the ‘system’ to do its job, or is it better to go straight to the MP with this?  I am dreading that it could be similar to the situation where ESA CB or CA has ended, but still counts as income for UC for ages as the different benefits do not communicate properly.

Hello Andrea,

I do not know how the backend of UC looks like other than what I have seen in the appeal bundles and therefore do not know how the system must ‘pick it up’, I kinda always thought that the Case Manager must tick a box that removes the ben-cap; it is probably irrelevant though.

I approach that kind of situation as a decision that must be revised or superseded, from my perspective: I treat each Assessment Period in which the UC claimant has been subjected to the benefit-cap and should not have been requiring action for the decision that needs to be changed. I would obviously not challenge each APs, but simply put the application for a revision based on the award of the qualifying benefit: The UC, PIP, JSA and ESA (Decisions and Appeals) Regs 2013, Chapter 2, Reg 12. Keeping in mind the effective date of the PIP award, the ben-cap should be removed from this AP onwards. Any other deductions, e.g. non-dependants etc as well.
I hope all it takes would be a short message in the UC journal and a request to the Decision Maker prompting the Case Manager to pass it on.
I would contact the MP at a later stage if you make a complaint that is not resolved. I wonder what your complaint would tackle though, the misadvice or poorly trained DWP staff? I am not saying it is not a way forward, as I often request the proper training as a way of ‘making it right’; especially if the same person from Basildon SC makes the same mistakes all the time. However, that was sadly never addressed. I guess the most important for your client at this stage is to get the ben-cap lifted and arrears of it paid back, which the MR request should quickly resolve.

If I misunderstood your post and you have already quoted relevant provision, and the ben-cap was not lifted, then contacting the MP may be a way to go; I wonder what others think as it would be a matter of the MR request not processed in a timely manner (do not know the time-frame of your case though? you said they have just been awarded, so did the Decision Maker have time to process your request?)

There might be a relevant provision for ben-cap, although I do not know it.

I hope it helps