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PIP award and backdated SDP
Having a senior moment here.
Client awarded higher rate of PIP and thus entitled to SDP.
Only receives contributory ESA and asks for backdating of income-related ESA to date of increased PIP award under anytime revision request. Entitlement to ir-ESA only possible with SDP.
DWP refuse as only getting c-ESA.
Do they have to have been entitled to ir-ESA covering date of increased PIP award for this to work? If DWP correct, what to do instead?
Thanks :-)
https://www.whatdotheyknow.com/request/260187/response/640951/attach/2/FoI 1176.pdf?cookie_passthrough=1 is the DWP view of this situation but I can’t quite get my head around it with ESA being one benefit. It does not seem to fit with what it is saying.
Thanks, this is my dilemma in a nutshell and can’t get my head around it.
Hopefully a night’s sleep might aid thinking.
Seems clear enough to me. The final paragraph is saying yes we will do it as an any time superseding decision, acknowledging that ESA is one benefit. That’s how I read it.
That makes sense Anorak. If they can backdate the EDP they can backdate the SDP.
Seems clear enough to me. The final paragraph is saying yes we will do it as an any time superseding decision, acknowledging that ESA is one benefit. That’s how I read it.
Thanks Peter, that’s what I was thinking but something wasn’t adding up. Let’s see what happens next.
Hello Paul
I had a similar situation the other day and had the same senior moment as you. I came across this UT decision which seems to cover it, in case you need it: https://assets.publishing.service.gov.uk/media/5ae2d53ced915d42f7c6bac2/CE_3532_2017-00.pdf
Tony
Nice one Tony, thanks very much for this. I do believe that the claimant’s rep in this case might be another welf from these very boards as well.