I have a client who was in receipt of DLA care at the lowest rate. As his condition had deteriorated, he decided to apply for PIP. Whilst waiting for the PIP assessment he continued to receive DLA. Following assessment, he was initially unsuccessful at his claim for PIP, but following an MR he has now been awarded PIP DL at the standard rate. However, the start date for it is from the decision date, rather than when he notified them of his change in circumstances. I understand that you cannot receive both DLA and PIP, but surely he should be entitled to receive the difference in the rates, from when he notified them of the change in circumstances. He has decided to appeal, as he believes he should have been awarded the Mobility element as well, so should I include the challenge on this in that appeal? or should I be requesting backdating for that amount from DLA instead?
Any advice gratefully received.