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DLA and PIP confusion of relevant dates.
Apologies for the confusing title, but I was unsure how to make it more concise!
I am looking for opinions as to whether I should be challenging the following decision;
Client was in receipt of DLA at the middle rate of care and low rate mobility. In October 2019, the client was invited to claim PIP and the form was sent to her last known address, but at this point she had been sectioned in the local mental health facility and the PIP2 form was not completed. At this point “good cause” was accepted for the non return.
There was a 2nd PIP 2 form sent out in December, but at this point the client was sofa surfing and had the local Job Centre as the correspondence address - again the PIP 2 form was not completed.
Client was housed in temporary accommodation in February 2020, and received a decision letter that her PIP claim was closed (March 2020).
I became involved in April 2020 and requested that the DWP accept “good cause”. This was initially as a telephone call and I was advised that they would accept the reasons given. One month passes by and no PIP 2 materialises.
A further call is made and I was advised that a DM refused the request, so at this point I completed an CRMR1 (beginning of June). I chased this up 8 weeks later by telephone and again had a conversation with a DM, who was adamant that “good cause” could only be accepted once. I requested this is writing, but it never came, so I started the appeal process.
Tribunal Services responded that I could not appeal, as there had not been an MR. I pointed out that I had completed one, but DWP/PIP had failed to send me a decision. TS sent a direction to the DWP to respond to the MR.
DWP failed to respond, so TS accepted a valid appeal as being lodged and sent directions for a representing officer attend the hearing. At this point (September 2020) we decided to make a new PIP application.
In March 2021, the DWP revise the decision on the original claim (October 2020) and accepted “good cause” for the non return of the PIP 2 form.
April 2021 see’s a decision made on the new claim that was made in September 2020 and the client was awarded the ER of both components.
My concern is that PIP are stating that they will only pay the award from 1 month after the date of decision and state that as good cause was accepted for not completing the PIP2 originally, then the backdating of any money due is from DLA at the lower rates.
My thought process is that if the decision on the new claim should have been made independently of the revision on the old claim (given that we could still be waiting for an appeal date) and the ER of PIP should be payable from the September 2020.
I could understand that DLA would only be payable up to the date before the new claim was started- Or am I missing something?
Many thanks if you got this far!