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DS 1500 and date of payment
Client makes telephone claim for PIP in Sept 13. Despite several calls, is no nearer to getting a face to face assessment, let alone a decision.
In Jan 14 doctor sends in DS1500 which has been sat with Atos for the last 4 weeks.
Assuming that PIP claim eventually goes through under the special rules, does anyone know when it should get paid from? i.e. Will it be backdated to Sept 13 (as I suspect) or paid from when DS1500 submitted in Jan 14? If the latter, what will happen about the Sept - Jan period?
Does anyone know where the regs can be found on this?
Thanks
I’ve had a cursory look. All I can find is the regs (WRA 2012 reg 82) and the ADM ch. P2. Both state that a terminally ill person is entitled to PIP @ ERDL. In the WRA, “a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person’s death in consequence of that disease can reasonably be expected within 6 months”.
The ADM says “Evidence from or on behalf of the disabled person of terminal illness will amend the claim to one based on the Special Rules”.
So, you can argue that the DS1500 changes the claim to special rules. However, if the DS1500 only applies from January, in theory the case manager can apply the SR from January and request a PIP2 to cover the period Sept-Jan.
I would expect the decision to be to award ERDL from the date of claim as this seems to be what happened with SR DLA claims.
There may be case law, but I’m unaware. Sorry to not be of more help, it’s an interesting one I haven’t encountered before.
I’ve never converted one to special rules that long after the claim was put in but I agree with Edmund, you may find they’ll award it from the date of claim. They certainly are doing a light touch with the mobility componant and awarding it at the enhanced rate if you note any difficulties at all as they did with DLA
Thanks.
Edmund, forgive my ignorance, what does ADM stand for?
https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide
Billy,
ADM replaces DMG for PIP & .........what’s that other one that is slowly rolling around?
Universally Discredited?