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How to get WTC reinstated after successful PIP appeal

 

AMuller
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Hi

This client, who was previously in receipt of DLA and WTC just won her PIP appeal on 6 9 2018.  I think she should somehow be able to get her WTC reinstated now, but am not sure how to go about this. I remember seeing a thread about this here on the discussion forum, but I cannot find it.  Where she lives is a full service area now and she cannot make a new claim for WTC.

The client was in receipt of WTC as disabled worker until last year November, when TCO realised that her DLA had stopped on 26 9 2017.  According to the Intermediary Helpline, the decision was made on 6 11 2017, with a TC602 award notice stopping WTC from 26 9 2017.  Client then received a TC603R dated 3 6 2018 which required no response if circumstances stated on the form were correct. This TC603R also informed client that TCO would make a final decision on 31 7 2018 (which does not seem to have happened yet) and that she would have until 1 11 2018 to dispute recovery of the OP for TC paid after 26 9 2017.

After her WTC had stopped, the client had contacted TCO a number of times over the phone and in writing, trying to get her TC award backdated as she had not requested backdating when she started claiming WTC.  According to the Intermediary Helpline, client has lodged an MR against the Nov 2017 decision in July 2018, which they say she ‘abandoned’ - this was probably one of the backdating letters, client does not know what else it could have been.

I am not sure what to do now to get her WTC reinstated.. Do i ask for an official error revision on a letter or do I have to lodge a late MR on the WTC/AP form? 


And do I need to do something separate about the OP? There seems to be no decision that can be reconsidered apart from the Nov 2017 decision, which according to Intermediary Helpline is the last decision notice on this client’s record.

And as there is already an ‘abandoned’ MR from July 2018, is it possible to ask for new MR on different grounds now?

Thanks in advance for any help with this.

Andrea

     
Peter Turville
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where you thinking of this thread? https://www.rightsnet.org.uk/forums/viewthread/13259/

We have found TC dealt with it very quickly - at least if the issue is raised through the intermediaries line.

     
Mark Willis
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Hi Andrea

It may be that a final decision was made on 31/7/18 without being notified under TCA s23:

“(3) Notice need not be given of a decision made under section 14(1) or 18(1) or (6) on the basis of declarations made or treated as made by the person or persons in response to the notice given to him or them under section 17 if-
(a) that notice, or
(b) in the case of a decision under subsection (6) of section 18, that notice or the notice of the decision under subsection (1) of that section,
stated what the decision would be and the date on which it would be made.”

If the Intermediaries line does not sort it out quickly, I think to be on the safe side she should request a late MR of that decision on the WTC/AP form with the aim of getting WTC reinstated for the whole of 2017/18 which would allow a renewal to be made for 2018/19. This would be a new MR against a different decision (the final decision) as the MR of the in-year decision becomes redundant once the final decision is made.

The overpayment should not be recovered while the MR/appeal is ongoing. If this is unsuccessful, then I would suggest a dispute of recovery on grounds that she would have been entitled to that amount if PIP had been awarded in the first place so there has been no loss to the public purse (notional entitlement).

Mark

     
AMuller
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Thanks for both of your replies.  Yes, the disabled child thread could have been the thread I had seen before. As the intermediary helpline was not prepared to sort this out immediately, I will try to request an MR of the 31.7. decision.

Will it be ok to do this now, before the tribunal decision is implemented by the PIP people, or do I have to wait until their letter arrives?  I really hate TC MRs and appeals, as it seems so easy to challenge the wrong decision.

     
Mark Willis
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Hi Andrea

I think it is best to send MR re final decision asap with reasons for lateness, due to time limit. They may still be reluctant to change it, as I’ve just noticed you said the PIP tribunal was on 6.9.18 so the final decision might appear to have been correct at the time. However, if she was getting ESA before starting work/claiming WTC, OR housing benefit with a disability premium, then she should have remained entitled as a disabled worker throughout the period that PIP was lost - as explained in http://cpag-mail.org.uk/5MI-4OICZ-CDJNY4X9C/cr.aspx#Q-A
See also https://www.gov.uk/administrative-appeals-tribunal-decisions/pw-v-her-majesty-s-revenue-and-customs-tc-2018-ukut-12-aac


Mark

     
AMuller
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Thanks, Mark.  I should have remembered about receiving ESA before WTC started, I had one of these when I was still doing benefits advice a few years ago.
I will try to get some details about client’s ESA award -  although there is an ominous note somewhere on the client’s record that she was still getting ESA after WTC had started..