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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

PIP / Qualifying Benefit for backdatin IS - Carer’s adversely affected! 

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Green
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General adviser, Manchester Advice

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Hello Forum Members!

I am considering whether to appeal a decision relating to Income Support. The claimant is eligible to Income Support on grounds of being his mother’s carer.

Upon the migration from DLA, his mum’s claim to PIP was disallowed. He couldn’t claim JSA as he was not able to actively look for work as he is needed to support mother with caring duties. He had nil income from March - November. Fast-forward 9 months PIP was allowed at enhanced rate Daily Living by FTT.

After the hearing I advised him to reclaim Carer’s Allowance and Income Support and to request they pay the claims from the date the mum’s PIP was awarded from (9 months back).

Carer’s Allowance has coughed up in full but Inc Support paid from the week he made the claim. I lodged a late MR just before Christmas, I referred the DM to C+P Regs 6 (30).

My client received a telephone call from JC+ on 23/12/16, he was told he couldn’t have the arrears.
There has been no MR outcome in writing so I do not know why - he has said something about being asked to attend a meeting that he couldn’t make as the reason the arrears payment was not issued.

I was highly confident of my argument until this week when I read page 1144 CPAG, bottom of page.
A ‘Qualifying Benefit’ is any benefit (except PIP) awarded to you or someone else which gives entitlement to another benefit or makes another benefit payable at a higher rate. PIP is only a qualifying benefit in relation to backdating entitlement to CA.

As I haven’t had a written MR decision, I am unsure if this is the reason the backdating was refused and therefore unsure if the appeal has any chance of success.

I am more than slightly outraged at how unfair this is!

Daphne
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Was your client on income support when the DLA stopped. If so, I think you can ask for an anytime revision of the decision to stop the IS as the PIP has presumably now been awarded continuous with the cessation of the DLA award and therefore also the carer’s allowance is continuous, so your client was entitled to a qualifying benefit at the point the decision was made to stop paying IS - see CPAG 1268 for anytime revisions on basis of qualifying benefit.

If they weren’t on income support previously and a claim wasn’t made previously then I don’t think there is anything you can do

Green
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Yes, he was receiving Carer’s Allowance + Income Support. the Carer’s Allowance and IS stopped when the PIP was refused.

I already did the anytime revision as I felt the matter was very simple but they haven’t even had the courtesy to respond to me.

The issue here is what is classed as a ‘Qualifying Benefit’ and if the JC + are aware of it.

It doesn’t help my case not knowing the actual reason for the refusal and I don’t have a MR Notice to submit with the appeal form. 

See page 1144 CPAG

WROTricia
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Isn’t CA the qualifying benefit for IS in this situation? It’s not his mums PIP which entitles him to IS, it is his own award of CA…just a thought.

Jon (CHDCA)
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The omission of PIP as a relevant benefit in respect of the C+P Regs (reg 30 in this case) was apparently an oversight by DWP which they intended to fix, and they said in the meantime they would treat PIP as if it were a relevant benefit. See the section titled ‘PIP as an irrelevant benefit’ here:
http://www.cpag.org.uk/content/pip-process-problems-and-pragmatism

However, according to the Sweet and Maxwell commentary on reg 22, DWP now has no current plans to amend the regulations. I’m not sure where that leaves you, except as said above, CA is a qualifying benefit even if PIP is not.

Simon
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To resurrect this thread, I currently have a cl in a similar situation.

Essentially cl f/t carer for partner, whose DLA terminated April 2017 due to missed PIP assessment. Good grounds accepted for missed assessment, partner ultimately found to be entitled to PIP following further assessment and entitlement backdated.

Cl had been claiming CA & IS at time of DLA determination, both of which stopped as a result. CA fully backdated following PIP award, and I put in anytime review request to IS on basis that (1) it had been errenous to end entitlement to IS as decision to terminate DLA in these circs was unlawful (https://www.gov.uk/administrative-appeals-tribunal-decisions/om-v-secretary-of-state-for-work-and-pensions-pip-2017-ukut-458-aac) and (2) on basis of award of qualifying benefit backdated to time of decision (CA).

IS have now provided (fairly nonsensical) response essentially stating decision cannot be revised. It is worth noting that before the decision, IS had instructed cl to close JSA claim to allow IS payment to be reinstated. Cl is now in FS UC area…

The IS response gives rights to challenge decision via MR/appeal and I am of course keen to challenge further. I was just hoping to get some opinions on chances of success of reinstating IS in these circs. Cl is reluctant to claim UC in the meantime, but I do not want to give too positive reassurances re. overturning IS decision.

SarahP
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I am in the same situation with my client. About to request anytime revision for IS but not too sure what response to expect. In the mean time my client is on JSA and says the Jobcentre are normally being reasonable about his workseeking given his caring duties and that he is trying to get back on IS. Keen to hear from anyone with any experience also.

NAI
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I had a similar situation and appealed.

Following a successful appeal of the cared for child’s DLA, Carers Allowance was not fully backdated and hence the Income Support was not backdated. We appealed the CA decision. The tribunal found in the client’s favour but the DWP have appealed to the UT. I am currently awaiting direction from the UT.

J Bathie
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Hi

Regarding the two posters Sarah P (Derby homes) and Simon (Bristol CAB) from Jan 19 pursuing any time revisions of IS terminations following subsequent award of qualifying benefits - are there any updates please?

NAI
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Unclaimed Benefits Campaign, Middlesbrough CAB

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I’m still waiting for a UT decision

J Bathie
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Hi NAI

Thanks for the update.

I was unclear from your previous post if the appeal by DWP from FTT was re the CA appeal you mentioned or the IS reinstatement - is your UT appeal re an any time revision of IS?

NAI
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J Bathie - 30 April 2019 11:19 AM

Hi NAI

Thanks for the update.

I was unclear from your previous post if the appeal by DWP from FTT was re the CA appeal you mentioned or the IS reinstatement - is your UT appeal re an any time revision of IS?

Sorry, not as straightforward as that. We contended that CA should be backdated because a DLA appeal was successful, which would have an impact on means tested benefits (JSA in this case) awarded after IS stopped (Carer Premium). Tribunal agreed. DWP appealing to UT. Made our case and now it is up to the UT.  However, there is a subtle issue about anytime revision of CA entitlement in our submission.

Simon
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Charlotte Keel Welfare Rights, Bristol CAB

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J Bathie - 29 April 2019 05:40 PM

Hi

Regarding the two posters Sarah P (Derby homes) and Simon (Bristol CAB) from Jan 19 pursuing any time revisions of IS terminations following subsequent award of qualifying benefits - are there any updates please?

I’m awaiting a FTT hearing specifically regarding IS entitlement. We have also lodged a complaint with the DWP in regards to the decision to end the client’s DLA entitlement, and the advice given to close their JSA claim (to allow the IS claim to be reopened, which of course never transpired).

Simon
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Charlotte Keel Welfare Rights, Bristol CAB

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Simon - 01 May 2019 02:26 PM
J Bathie - 29 April 2019 05:40 PM

Hi

Regarding the two posters Sarah P (Derby homes) and Simon (Bristol CAB) from Jan 19 pursuing any time revisions of IS terminations following subsequent award of qualifying benefits - are there any updates please?

I’m awaiting a FTT hearing specifically regarding IS entitlement. We have also lodged a complaint with the DWP in regards to the decision to end the client’s DLA entitlement, and the advice given to close their JSA claim (to allow the IS claim to be reopened, which of course never transpired).

Just to follow up on this we had the FTT today - appeal allowed with Judge making order for DWP to pay IS up until the date that UC was claimed. The Judge also commented that the DWP had been ‘rather naughty’ in not submitting all the relevant evidence they held(!)

J Bathie
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Thanks for the update Simon- did the FTT accept that IS should be reinstated on both of the grounds you raised?

Simon
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J Bathie - 23 May 2019 01:56 PM

Thanks for the update Simon- did the FTT accept that IS should be reinstated on both of the grounds you raised?

To be honest the only thing specified in the decision notice was the evidence that PIP had been awarded and backdated - the Judge did not specify the legislation relied upon.