Severe Disability Premium/ P.I.P/ Tribunal

[Charliemac]

In 2018 the dwp awarded me 0 points for daily care and mobility although i was previously on enhanced rate for care and standard for mobilty, i asked for a mandatory reconsideration and they awarded me enhanced rate for mobility but still 0 points for care.

 

Because i suffer with both mental health as well as mobility, i accepted their decision because i was afraid to go to tribunal. Because i lost the care element my partner and i lost the severe disability premium. 

 

At my last assessment in dec 2019 they dropped my mobility to standard rate, and still 0 points for daily living/care. I asked for a MR and they didnt change their decision, this time because i was told about a benefit advice shop that would help with a tribunal i decided enough was enough and asked for it to go to tribunal. 

 

I have just received the tribunal decision, the tribunal was on Jan 22nd. The tribunal came to a unanimous decision and awarded me Enhanced rate for daily living, and enhanced rate for mobility, it states for an indefinite period.

 

Because my partner is still in receipt of pip, gets daily living and mobility, and because i have now been awarded both, will the dwp have to pay me, and backdate payments for severe disability premium? if so, they would owe me this from january 2020. We also receive esa (support group )

 

Can somebody please put me right on this. Thank you

[honeybee13]

Hello and welcome to CAG.

 

I've popped a few paragraphs into your post and moved you to the main Benefits forum so people can advise you. Please bear with us until they're able to get here.

 

Best, HB

[Charliemac]

Thank you

[unclebulgaria67]

Best way forward to ensure the Tribunal decision is applied as quickly as possible, is to use the DWP complaints process.

 

 This should also ensure that the correct actions are taken in respect of both the PIP and ESA claims. When a complaint is registered, it is allocated to a complaints resolution manager and they normally will take all actions within a  certain period of time.

 

Complaints procedure - Department for Work and Pensions - GOV.UK (www.gov.uk)

 

When you submit the complaint,  I would suggest that you attach a copy of the Tribunal letter.  For some reason DWP don't always receive these as soon as the claimants.

[Will Goodfellow]

Yes, you'll receive backdate severe disability premiums from the date of the origninal decision in Dec 19.  SDPs are one of the rare benefits which can be backdated indefinitely anyway where they haven't been awarded. There have been cases where SDPs have been backdated years where a person was entitled and didn't receive them.

Edited January 28, 2021 by Will Goodfellow

[Charliemac]

Many thanks Will