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Appealing at PIP tribunal
- kitty
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7 years 4 months ago #175778 by kitty
Appealing at PIP tribunal was created by kitty
I wonder if anyone could advise me.
I am currently waiting for a tribunal date for my appeal. My son is Autistic and physically Disabled so he already gets DLA. This will be changing to PIP in a few months as he turns 16.
I am now wondering if I can still apply for PIP as I am his main carer although I do not claim Carer's Allowance.
Part of what makes my situation so challenging is the fact that I have my own mental health and physical problems and have to look after his needs too.
However, I do not want to put his PIP claim in jeopardy by appealing for mine.
Is there likely to be an issue with both of us claiming PIP and my being his main carer?
Thank you in advance for any advice.
I am currently waiting for a tribunal date for my appeal. My son is Autistic and physically Disabled so he already gets DLA. This will be changing to PIP in a few months as he turns 16.
I am now wondering if I can still apply for PIP as I am his main carer although I do not claim Carer's Allowance.
Part of what makes my situation so challenging is the fact that I have my own mental health and physical problems and have to look after his needs too.
However, I do not want to put his PIP claim in jeopardy by appealing for mine.
Is there likely to be an issue with both of us claiming PIP and my being his main carer?
Thank you in advance for any advice.
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- Gordon
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7 years 4 months ago #175792 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing at PIP tribunal
Kitty
There is no clear answer to this I am afraid.
Providing the limitations that you are hoping to receive a PIP award do not conflict with your caring activities and vice versa then there is no reason why you should not receive both benefits. Even if they do, providing you can provide reasons why you are able to manage the conflict then you may still receive an award.
Two examples;
If you say that you have physical problems that prevent you preparing and cooking a meal but as part of your caring duties for your son you have to make sure that he has hot food everyday then there is clearly a conflict.
However, if you are able to prepare and cook a meal but do not do this for yourself due to mental health issues and your son provides the prompting, assistance or supervision that you need to be able to complete the activity then this should be OK.
Gordon
There is no clear answer to this I am afraid.
Providing the limitations that you are hoping to receive a PIP award do not conflict with your caring activities and vice versa then there is no reason why you should not receive both benefits. Even if they do, providing you can provide reasons why you are able to manage the conflict then you may still receive an award.
Two examples;
If you say that you have physical problems that prevent you preparing and cooking a meal but as part of your caring duties for your son you have to make sure that he has hot food everyday then there is clearly a conflict.
However, if you are able to prepare and cook a meal but do not do this for yourself due to mental health issues and your son provides the prompting, assistance or supervision that you need to be able to complete the activity then this should be OK.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- kitty
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7 years 4 months ago #176449 by kitty
Replied by kitty on topic Appealing at PIP tribunal
Thank you, Gordon. I cannot see that they conflict as other direct family members help with my son's needs too due to my restrictions.
I am doing a paper based tribunal, I have written out where and why I need help. I am unsure of whether I can send this in now to the Tribunal or whether I should wait for the pack that comes from the DWP with their assessors report?
The notices I got had very lame reasons and inaccurate, however, I was not going to go through this and just write explanations of why I need the help and enclose a daily diary.
I am concerned I will not get time to respond after this is received before the tribunal. (I do not have a date but perhaps this is because it is paper based?)
Any advice is much appreciated. thank you, Kitty
I am doing a paper based tribunal, I have written out where and why I need help. I am unsure of whether I can send this in now to the Tribunal or whether I should wait for the pack that comes from the DWP with their assessors report?
The notices I got had very lame reasons and inaccurate, however, I was not going to go through this and just write explanations of why I need the help and enclose a daily diary.
I am concerned I will not get time to respond after this is received before the tribunal. (I do not have a date but perhaps this is because it is paper based?)
Any advice is much appreciated. thank you, Kitty
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- Gordon
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7 years 4 months ago #176451 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing at PIP tribunal
Kitty
You should certainly start preparing your response now, but I would recommend that you wait until you have the DWP submission before submitting your own to make sure that you have an opportunity to answer all of the issues that they raise.
Gordon
You should certainly start preparing your response now, but I would recommend that you wait until you have the DWP submission before submitting your own to make sure that you have an opportunity to answer all of the issues that they raise.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #176456 by kitty
Replied by kitty on topic Appealing at PIP tribunal
Thank you, Gordon, I will get it all ready and await their submission.
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