Shared acommondation rule & subsequent PIP entitlement
My client claimed UC in December 2018 and was subject to the Under 35 restriction. She has since been awarded PIP DL dating back to December. I have advised her to let UC know this but can the lifting of the restriction be backdated and how will this affect the DHP’s she has received for the shortfall since February? Will they be recouped by the LA?
re: UC, yes this would be a revision on the basis of an award of a qualifying benefit.
I would probably advise making a specific revision request via the journal, requesting a revision to each relevant assessment period on the basis that PIP has been awarded and the 1 bed self contained rate should apply… & then follow up with a phone call to check it is being processed correctly. In my experience, these sorts of revisions appear to be being dealt with quite quickly.
With regard to the DHP - I don’t believe there is any legal or practical mechanism for the LA to recoup DHP already paid unless the claimant failed to disclose or misrepresented their circumstances - which wouldn’t be the case in these circs. There is also provision to recover DHP if an ‘error’ was made when determining the payment but I’m not sure this would constitute an error. Somebody more knowledgeable than me will answer this I’m sure.
The LA could ask to be paid back I guess?... Whether or not they would probably depends on the LA.
It is certainly necessary for the LA to be notified of the change in circumstances - so that ongoing payments cease, or are reduced. Certainly could be recovered on an ongoing basis if the change in circumstances was not disclosed I think.
Many thanks for the prompt response