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claims linked to successful pip or dla tribunals

 

stevenmcavoy
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WRO, campaigns and policy, Enable Scotland

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just wondering what thoughts would be here.

client i currently have was refused pip which was overturned at appeal.  this means a parent can now claim carers allowance.  provided they claim within the 3 months then the claim can be backdated to the date the pip was awarded from.

what i would normally do is give it a few weeks then do the carers.  this basically allows time for the pip decision to be put in place so that when carers check the system they can put the claim through.

now this has only ever happened to me twice (maybe im lucky) but the DWP have requested the sor in this case and my question is….when does the 3 months run from in this case?

date of tribunal decision?  date of of leave to appeal refusal (if applicable)? date of upper tribunal decision (again if applicable)?

my guess is date of tribunal decision so if any potential challenge is going on at that point i need to make the carers claim (which will be refused) in order to protect backdating?

anyone been suitable forced to check the particulars of this before?

     
Oldestrocker
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stevenmcavoy - 20 April 2017 03:10 PM

.............my guess is date of tribunal decision so if any potential challenge is going on at that point i need to make the carers claim (which will be refused) in order to protect backdating?

Whilst the circumstances are not the same, I have a client (68) who ‘lost’ his entitlement to Guaranteed Pension Credit simply because of the failure to have awarded any level of the care & mobility elements of PIP when he migrated last year from DLA (loss of the premium). He was previously receiving both care & mobility at the highest rate of DLA indefinitely.

The appeal was heard last month by the FTT. He was quite rightly awarded enhanced care & mobility for a period of 10 years.

I lodged a ‘protective’ PC claim within days of the termination of the existing award which was quite rightly refused as his income exceeded the limit.

Nine months later and with the new PIP decision in place a further PC claim was made. This was successful as the disability premium had been added.

However when I challenged the Pension Service as regards the ‘missing’ six months of arrears I was politely informed that a ‘protective’ claim had no basis in law and as the client was clearly not entitled to PC during that six month period no arrears beyond the three months are payable.

 

     
ClairemHodgson
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Oldestrocker - 20 April 2017 09:07 PM
stevenmcavoy - 20 April 2017 03:10 PM

.............my guess is date of tribunal decision so if any potential challenge is going on at that point i need to make the carers claim (which will be refused) in order to protect backdating?

Whilst the circumstances are not the same, I have a client (68) who ‘lost’ his entitlement to Guaranteed Pension Credit simply because of the failure to have awarded any level of the care & mobility elements of PIP when he migrated last year from DLA (loss of the premium). He was previously receiving both care & mobility at the highest rate of DLA indefinitely.

The appeal was heard last month by the FTT. He was quite rightly awarded enhanced care & mobility for a period of 10 years.

I lodged a ‘protective’ PC claim within days of the termination of the existing award which was quite rightly refused as his income exceeded the limit.

Nine months later and with the new PIP decision in place a further PC claim was made. This was successful as the disability premium had been added.

However when I challenged the Pension Service as regards the ‘missing’ six months of arrears I was politely informed that a ‘protective’ claim had no basis in law and as the client was clearly not entitled to PC during that six month period no arrears beyond the three months are payable.

 

but presumably the appeal award was to be paid from the date of the original withdrawal, so that, in fact, he did qualify (the tribunal decision replacing the DM’s decision from the date the DM took said decision?)

     
HB Anorak
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The decision refusing the “protective” SPC claim should be revised under D&A Reg 3(5) or (7) surely?

If para (7) cannot be interpreted as including a case where the original decision did not result in an award of SPC, para (5) covers it anyway as the effect of the Tribunal’s decision is that the original refusal of PIP was an official error (unless the claimant was responsible for causing the error by not providing adequate info at the time of the conversion decision).

     
stuart
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stevenmcavoy - 20 April 2017 03:10 PM

just wondering what thoughts would be here.

client i currently have was refused pip which was overturned at appeal.  this means a parent can now claim carers allowance.  provided they claim within the 3 months then the claim can be backdated to the date the pip was awarded from…

DWP have requested the sor in this case and my question is….when does the 3 months run from in this case?
date of tribunal decision?  date of of leave to appeal refusal (if applicable)? date of upper tribunal decision (again if applicable)?

my guess is date of tribunal decision ....

Would agree with you - its the current decision whether made by DWP or ‘on appeal’ by tribunal / court - so safest to get claim in well within three months of the tribunal decision.  Requesting statement of reasions or waiting for a UT hearing does not change the decision under appeal - regulation 6(33) of the Claims and Payment Regulation sets it out, and says -

‘Where a person makes a claim for a carer’s allowance … within 3 months of a decision made –

(a)  on a claim;
(b)  on revision or supersession; or
(c)  on appeal whether by the First-tier Tribunal, the Upper Tribunal or the court,

awarding a qualifying benefit to the disabled person, the date of claim shall be
treated as the first day of the benefit week in which the award of the qualifying benefit
became payable’