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PIP overpayment/error

0 replies

theflamethesword · 21/05/2022 09:01

NC, might be a long post so apologies!

Last year I started a claim for PIP as I have chronic conditions that have worsened. On my application form, I clearly stated "not applicable - does not apply" on one section in daily living (I'll refer to this as Section XXX) as my conditions do not affect this. I provided information for every other section as appropriate.

The initial decision came back as rejected (0 points) early this year, and in their decision they wrote 'you have claimed you need help for Section XXX'...we disagree with this'.

I submitted a mandatory reconsideration where I challenged this and all other points they had made - on the MR I even wrote 'in your decision, you wrote that I claimed to need assistance managing Section XXX, I have never claimed this'.

I recieved a decision letter this week and I was awarded 8 points for daily living, meaning I was eligible for the standard rate of daily living. However, for some reason - they awarded 2 of these points under the Section XXX', even though I have told them twice that my conditions do not affect this. They awarded 2 points for three other sections but rejected my assertions for the other sections I did provide evidence and explanations for.

How on earth can this happen?! Did they even read what I sent in?! How can they award points for something I haven't claimed or submitted evidence for - yet rejected the other sections which do have evidence?!

If I take the Section XXX points out of the equation, then I don't qualify at all.

I've recieved a lump sum into my bank account and now I will have to pay it back.

Has anyone been in a similar situation? - will PIP re-assess the claim if I point out the error or is it likely to be straight to a tribunal to get it all straightened out?

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