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PIP telephone review assessment - can someone assist the applicant?

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2 months 3 weeks ago #287474 by Spaceman
My sister has schizophrenia and gets very confused when asked questions, and she's very anxious about speaking to strangers, in person or on the phone.

She's been in receipt of PIP for a few years and she's got a telephone review assessment in a few weeks, and our Mum is going to sit with her, listening to the call on speakerphone. There's a charity associated with my sister's NHS mental health trust which provides benefits advice, and a woman from there has arranged with the DWP that she's going to join the call remotely, and she's said that she can intervene and encourage and assist my sister to answer the questions, but our Mum isn't allowed to do that.

I don't really see how that can be true. Surely if someone who barely knows the applicant can assist them, their own mother and primary carer must be able to, but does anyone know for certain what the rules are?

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2 months 3 weeks ago #287485 by Chris
Hi Spaceman,

Google quotes the following "They should not speak for you, but they can help you to answer any questions or explain the difficulties you face more clearly. If your companion cannot be with you in person, we can add them to the telephone call. If your companion will be translating or interpreting for you, they must be over 18."

Hope this helps clarify it for you.

Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 months 3 weeks ago #287488 by lyingdown
Hi, I think your son being legally "disabled" according to the Equality Act 2010 means he has a right to "reasonable adjustments" to be able to cope with his assessment, so you can for the questions in advance. Look this up first on the equality commision website.
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2 months 3 weeks ago #287502 by Spaceman
Thanks. It sounds like anyone can help the applicant by talking to them and explaining the questions and what they need to say in response, but the applicant then needs to speak to the assessor themselves to give their answers.

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2 months 3 weeks ago #287503 by Spaceman
Yes, I think that is correct legally. I'm not sure if the DWP's rules reflect the law accurately though.

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2 months 3 weeks ago #287508 by Gordon
S

Whether we like it or not this will be down to the assessor on the day, some are receptive to the comments of a carer, family member, etc., and others are not.

If the latter then you must be very careful as it is within their purview to terminate the assessment on the basis of claimant failing to participate.

If this happens then your sister's file will be returned to the DWP and they could decide to close the claim although this would have a right of appeal.

Gordon

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