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Lengthy wait on PIP being paid after appeal

 

LaurenW
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Welfare Benefits and Trusts Team. Frenkel Topping, Manchester

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Joined: 18 May 2016

Hello, just wondering if anyone can please advise on this situation?

My client won his PIP appeal in February 2018.

On the appeal decision notice, it says that the claim effective date is 26/01/2016. This appears to be a typo- the claim effective date should be 26/11/2016.

The DWP have told me that PIP cannot be paid until the tribunal confirm the effective start date of the claim in writing.

We’ve explained to the DWP that we agree with them that the effective date should be 26/11/2016 but they have said they need the tribunal service to provide an amended appeal decision notice before they can release any money.

Despite chasing this numerous times, the tribunal have still not provided an amended decision notice.

The DWP were originally saying that they don’t have any authority to chase the tribunal service on this, but they’ve since agreed to contact them to escalate as urgent.

We’ve also chased this with the tribunal service directly- they have told us that the request was passed to a judge on the 26th April and whilst a notice can be issued to the judge to escalate the request, there is no timescale requirement for him/her to look at it.

Has anybody had any similar experience and can suggest how I can progress things any further?

Many thanks in advance for your help.

Lauren

     
Mike Hughes
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Senior Welfare Rights Officer (Take-Up), Salford WRS.

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I think they’re right re: the lack of a time-scale and DWP were wholly wrong to suggest they could not request a correction. However, if it’s now with a judge then your likely only recourse is to lodge a formal complaint to HMCTS.

It does occur to me that you query what it is the DWP think prevents them making payment for the period which is not disputed?

     
paulmoorhouse
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central and south sussex cab

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Involve the client’s MP?

     
Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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Couldn’t DWP just supsersede the FtT decision on error of fact and pay out?