DLA to PIP Supersession - what date?

Dear All,

One of our clients has now been awarded PIP ER for both, after we submitted a change of circumstances to his DLA in November 2019. we returned his PIP form early December, and within the one month.

The decision has just been made, on 25 April, and we have been told over the phone that the new PIP award will start from 27/05 (4 weeks after the decision was made). Further, the PIP enquiry line that this cannot be backdated as his DLA award continued.

Is that correct?

With a usual PIP supersession Regulation 23(1) of the Decisions and Appeals regulations would apply, and that would, we think, mean from the date of the request

However, it is not clear if this applies if it is a DLA to PIP case?

Thanks in advance

This is correct. See Reg 17 of the Personal Independence Payment (Transitional Provisions) Regulations 2013.

The conversion decision will always take effect 28 days after the last DLA paydate. This will usually be to the advantage of the claimant because PIP will usually be less than DLA.

See TW v SSWP (PIP) [2017] UKUT 25 (AAC) for an unsuccessful challenge to this in a similar case to yours.

Elliot,

Many thanks, for both the speedy reply and clarity.

Best wishes

Michael