Dependant PIP late notified

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    Apologies if this has been answered before (I’m sure it has but I am struggling to find a definitive answer)
    DP child in receipt of PIP since 2016, notified to us by the claimant in Dec 2020. This was picked up by an assessor recently and the PIP applied from Dec 2020 (date notified by CL). Now one of the QA team has stated that this comes under relevant benefit rules and it should have been applied back to 2016 despite the fact that it was not declared at that time. I would have agreed with the initial assessment applying it from 2020 but now I am questioning my own thoughts and would appreciate any advice.
    From memory relevant benefit rule allows us to go back in line with a DWP decision but does this apply when the CL is aware of the decision (award of PIP in this case) but fails to notify the LA? Or does the rule allow us to apply back to the award date regardless of when the CL tells us about it?


    Sorry – DLA not PIP

    Inga Mycroft

    My notes say that an award of, or in increase in, a relevant benefit is taken in to account from the date of change regardless of when we are notified.

    Peter Barker

    There is no time limit to make a superseding decision from the date DLA commenced. Nor is there any time limit to revise any HB decision made during the period covered by arrears of DLA when it is first awarded (usually takes a while to process so quite likely an HB decision would have been made in between the date of the DLA claim and the date of the decision awarding DLA).

    What’s not so clear is how you can revise any subsequent HB decisions made after the claimant started receiving DLA but before you found out about it. A strict interpretation of the D&A Regs would say those more recent decisions cannot be revised, so you add the DLA for a short period from a date in 2016, then take it out, then start again from 2020. Many authorities would say life is too short to mess about like that, and if you are going back to 2016 at all then you are going back to 2016 with no strings.


    That will do for me thanks both!

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