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Arrears of IS Premiums
Cl was getting IS as a Carer.
They applied for PIPS and were refused but have now won their Appeal and this may entitle them to Disability and Severe Disability Premiums backdated to November 2022, as per the D&A Regs
The difficulty is that the were Managed Migrated to UC before the appeal was heard and this has closed their IS claim.
I know that UC can be recalculated under Reg 62 to take into account the change in the indicative amount prior to the UC claim but what about the now-closed IS claim - can the cl apply for arrears of the premiums even though the claim has been closed?
The CPAG book is a little vague, it just says that the claimant ‘may’ get arrears after the IS award ended but doesn’t give any citation for this.
Has anyone had any experience of this, have any legal basis for it or have some tactics we could use/
ps I know that the Migration might have been stopped pending the outcome of the appeal but we did not know that it was happening