PIP appeal refused - Can DWP claim back benefit?

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Hi - I had  my PIP appeal refused.  I only needed two more points for DLA. They removed all my points and further, they reduced my mobility points to 4.   The decision note shows the decision should be dated from last year, when I first claimed, though I have only been receiving the mobility for 6 months of this year.  My question is, can the DWP claim back what they have already paid me?   Thanks, any help appreciated. I am devastated.

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11 Replies

  • Posted

    Sorry but I find your paragraph confusing, are you receiving PIP? If so, are you having a reassessment?. If this is a PIP reassessment then you'll still receive the Mobility component until a year after you were awarded it and no the government would not ask you to pay the money back. 
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    • Posted

      Hi Chris

      Sorry for the confusion.   I was awarded the basic mobility component following my face to face assessment earlier this year.  However, I wished to appeal the Daily living allowance as I did not get enough points in this category.   At my appeal, they said they would review everything (this is opposite to what the CAB advised me they could do) and they took away my mobility and also most of my DLA points.  Their statement rejecting my appeal says that from a date last year (the date I started the process) I was not entitled to PIP.  My question is, will they make me pay back the money I've received since Feb till now?

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  • Posted

    Hi Annie,

    Under certain circumstances it would is possible to be awarded a lower award, this is why many people do not bother re-applying if they get on either Care Rate and no Rate of Mobility.

    The reason for this is simple, with the care side - it is possible to get a possible 72 points, with Mobility side the points are granted on just 2 questions - therefore, lowering the chances of receiving Mobility Component.

    Under normal circumstances you do not payback money to the DWP, unless it is a loan, etc. Besides you can lose PIP, if you apply for more or there is a change in circumstances - I have never known anyone to payback monies to the DWP.

    In a review for PIP your whole claim is looked back again, they do not just look at revising a certain part. If you were advised by the CAB that this was the case, they have informed you incorrectly.

    I do not recommend anyone on using the CAB, for many reasons, and I would of stated that if you asked me on here.

    Regards,

    Les.

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    • Posted

      Hi Les. I used Citizens Advice. To help me fill in my pip and Esa and wasn't very impressed.   I have an assessment for pip,25th August. And one for Esa on 4th September.   Who would you have advised to go to for help in filling in forms.   
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    • Posted

      Thanks Les.  Wish I'd found this site before but what's done is done.  It seems I have been badly advised.  There were a number of things I wasn't happy about on the day and  one in particular involving possible DVLA involvement but too complicated (and this is too public) to put it on here but I'm grateful for your thoughts.
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    • Posted

      Also just to say, I wouldn't have appealed if I'd been offered the basic DLA rate but only needed two points so went for it.  And definitely wouldn't have bothered if I had known I'd lose what I already had. 

      Regards

      Annieanne

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  • Posted

    If an overpayment was not your fault but the fault of the DWP then normally you do-not have to pay it back.

    Obviously I don't know your full details but from what you have said it was the Health professional who recommended you receive the mobility component. Provided all the information given to them was correct then it is hard to see how it is not the fault of the DWP.

     

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    • Posted

      Thanks Anthony97723, I am reassured by your response.  It's bad enough losing the mobility component but if I had to pay back then it would just break me.   
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  • Posted

    This is what I am failing to understand myself!!

    I have been awarded DLA indefinitely and am still receiving it until they get round to assessing me for PIP.

    They started assessing for PIP in April 2013 and have still not got round to me!!

    When they eventually assess me what happens if I am not eligble for PIP.

    Do they then say I should not have been eligible for DLA since April 2013 or what??

    They need to make things clearer. Why has it taken them over 2 years to assess everyone?

    Sarah

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    • Posted

      Hi Sarah - my situation  is a bit different.  I have never been on DLA and my PIP claim was new, initially awarded then when I appealed for more points for DLA, rejected.  Wish you luck with yours.  Annieanne
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    • Posted

      Hi, firstly  DLA is being faced out and replaced by PIP. if you have never had DLA then now you have to claim for pip. you cannot get both. Getting pip motobility is very hard compared to DLA as they have reduced the distance they allow you to walk. Lots of people that were getting dla mobility have lost it when it comes to pip. I would wait 6 months and start claim again, but this time use fightback group, who can be found on facebook. there is only two questions for mobility one being how far can you walk, the other being, can you plan a jouney. are you getting ESA? that would be worth looking at, dependin on your circumstances. hope this helps you to understand. good Luck.
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