Stopping DLA too early after PIP award

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It says on the government website that DLA will run on for 4 weeks after the PIP decision. I was on low rate care and mobility DLA, scored 8 points for DL and 4 points mobility so I will be getting Standard DL and no mobility. My PIP decision letter dated 27th Aug states that they are going to pay PIP from 28th September but cannot pay mobility from 3 Jun which is when I first phoned to switch to PIP when I got their letter.

I got my daughter to ring today to find out what this means and yes, I was correct, they are stopping my mobility DLA from 3rd Jun. This means that they reckon they have overpaid me by nearly £200 and will therefore not be paying me any PIP until the end of October (my last DLA payment was nd of Aug).

I said that that is not right, that that is now how it is supposed to work and the person said to my daughter that this is what they have 'decided' that they are allowed to do now and it's a new rule. I have not seen this written anywhere and my benefits advisor certainly does not know this. Has this happened to anyone else? Can I challenge this as it leaves me without money for a month and will push me into my overdraft once my direct debits come out - Unless I decide not to eat for a month of course...

How can they do this in arrears, I was not warned this could happen, they stop my money in June but don't tell me they have done it till the end of August?!

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16 Replies

  • Posted

    Oh I forgot to mention, my entitlement to DLA is unchanged and the DM report states that my travelling difficulties are backed up by evidence I provided (I had a paper review). So how can they say I'm not eligible for low rate mob DLA anyway as the criteria is different to PIP

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  • Posted

    Yes they can .when we were awarded pip they only backdated 1 month instead of 3 they said pip is paid in 1 month arrears .i didnt know this either.you can ask them if you can pay the arrears back over a few months .
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    • Posted

      I'm not expecting them to backdate PIP, to clarify, what they have done is removed my DLA since June, so they have backdated a LACK of entitlement. I didn't think they were allowed to do that.

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    • Posted

      I would call dla and pip to see what has happenned but dla runs for 9nly 28 days after aßesment then pio should kick in .

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  • Posted

    Hi mags 

    I would ring them again and talk to someone else just to make sure it's not a mistake , I thought that you got paid your dla whatever the outcome and have not heard of them asking for it back , that  doesn't seem right .

    But they don't seem to care anyway

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    • Posted

      All the DWP guidelines say this should not happen. It alarmed me that the person on the phone said it was a new policy. A way to claw back the extra £13p/w I am now entitled to? The only way I can see they can justify this is to suggest that I was no longer eligible for LR DLA, but that would only be the case if my condition had improved and I had not told them, so would imply that I had been committing fraud - an extremely serious allegation and one for which they would surely require evidence?

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  • Posted

    Just one more observation and a warning to others. I rang when prompted by the DWP on Jun 3rd, I got the go ahead for a paper review on 11th Aug and the PIP decision was dated 27th Aug. They have removed my DLA from 3rd Jun so I don't get any money now till the end of October due to having been 'overpaid'

    Imagine them having taken many more weeks to make a decision? I could have been left without that money coming in for much longer than a month! If this is a new policy, we really need to get the word out so people can be aware this might happen to them when they switch from DLA.

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    • Posted

      Yeah it's all wrong they change the rules without informing people , that should not be allowed.  at least if you have to pay it back you should be able to do it in instalments or something too.

       

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  • Posted

    Have been in contact with CAB today and they confirm they have not had this happen before and can see no reason why it should be allowed under current rules. I would still be interested to anyone on here who has been affected by this, otherwise I will try to update the thread next week when my benefits advisor returns from holiday.
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  • Posted

    As far as I ,m aware dla is paid until the decision is made ...never heard of collecting back payment ....and not being entitled to it ....NEVER heard of what is happening to you ...
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  • Posted

    Hi folks ,

    I'm just off the phone with this shower of cretins

    .

    I was previously on DLA .....(care middle - mobility high.....£450 per month)

    Paid until 13th september 2016, PiP takes over on the 14th september (care/ mobility enhanced rate £552 per month)

    PIP have taken over the payments .....yesterday there was £337.45 in my account .....so £112.55 missing..... My PIP payment is due on the 11th october they say its £532 .....so a further £20 less

    So i asked ....there reasoning ...."oh DLA is only paid at 3 weeks in advance and 1 week in arrears"

    So far £112 Plus a further £20 next month .....so apparently i dont understand hmmmmm

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    • Posted

      Further to this .....my award ketter is dated 19th august i didnt get it till the25th .....if my award is fron the 14september ....4weeks later they will pay £529 wich includes arrears from 14th september ......dont think so the actuall rate for both enhanced is £559 not 552 as i stated earlier

      Dealing with these people is like banging your head off a brick walll

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    • Posted

      Maybe it is just easier and no stress to be grateful with what you get even though you think it is not enough?
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    • Posted

      Not tue case , but i appreciate your imput .....i switched fron one to another i am registerd blind woth degressive condition

      They say j dont understand when they stop bebefits

      But this is the cards we're dealt

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    • Posted

      Agree because it will all come right in the end ...and I would think you had enough stress fighting for it ..well that's if you did because seems everyone has to

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    • Posted

      It probably wil come right in the end.

      If I was in that position of arguing over £20 and having all of the stress that goes with it I would seriously have to consider if it really was worth it.

       

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