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8 years 2 months ago #148947 by kate
Gordon

(1) What are the exceptions to this risk?

(2) If the DLA/PIP claims are closed, does that mean it is more difficult to reclaim?

I ask this because my health has seriously nose-dived due to stress of PIP claim - DWP gave me an extra 5 days but it's not enough to get my PIP completed (mental health issues).

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8 years 2 months ago #148962 by Gordon

kate wrote: Gordon

(1) What are the exceptions to this risk?

(2) If the DLA/PIP claims are closed, does that mean it is more difficult to reclaim?

I ask this because my health has seriously nose-dived due to stress of PIP claim - DWP gave me an extra 5 days but it's not enough to get my PIP completed (mental health issues).


1. There are virtually no exceptions. You might get away with it if you can show that your form was returned but was late due to circumstances beyond your control and there is a very slim chance that you could argue that it would have been returned but for the failure to provide an extension.

In percentage terms I would say it was less than 1% at best. If your DLA claim is closed then it will not be restarted under any circumstances.

If your form is incomplete and no extension is granted then you may be better returning an incomplete form with a letter that you will be sending further information, rather than completing the form and sending it late.

2. A new claim for PIP would be treated totally separately from any previous one.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: kate

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8 years 2 months ago #148994 by kate
Gordon

Thank you for that.

Just one more unravelling of a query please. Financially I can understand the logic of continuing with the process of transferring my indefinate DLA to PIP.

It is the DWP administrative process I am not clear about.

(1) Re: "A new claim for PIP would be treated totally separately".
But isn't it treated totally separately anyway because it is my first application for PIP after being on DLA?

(2) Re: "If your DLA claim is closed then it will not be restarted" But isn't my DLA claim getting nearer it's close date anyway because I am in the PIP application process?

I feel I'm missing the point somewhere (only have one brain cell at the moment.) - or got bogged-down/enmeshed in confusion of all this.

Kate

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8 years 2 months ago #149007 by Gordon
KAte

Although you are making a new claim for PIP the transfer legislation allows you to retain your existing DLA award while doing so, in fact it will remain in payment until four weeks after a Decision has been made on your DLA, even if this means that your current award has to be extended to accommodate this.

However, this is all predicated on your participating in the process, so if you do not return your form on time or fail to attend an assessment if one is required (you get two chances), then the DWP will make a Decision to close your PIP claim and as a result your DLA.

You can make a new claim for PIP but will not receive payment until an award is made.

Whether this would be an issue for you would depend on whether you are dependant on your DLA payments or not.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 2 months ago #149020 by kate
Thank you so much for that clarity - now I see ! I'd better get the form in .... I think I heard that advice somewhere ........

It's been horrendous drowning in this PIP morass & being unable to get to grips with it all - just getting ill-er.

But how about this: I've just found out that there is a cancellation appointment available with a Benefits Advisor the day before my PIP submission date, who will get the PIP completed for me.

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8 years 2 months ago #149022 by Gordon

kate wrote: Thank you so much for that clarity - now I see ! I'd better get the form in .... I think I heard that advice somewhere ........

It's been horrendous drowning in this PIP morass & being unable to get to grips with it all - just getting ill-er.

But how about this: I've just found out that there is a cancellation appointment available with a Benefits Advisor the day before my PIP submission date, who will get the PIP completed for me.


It's up to you, the return date is the date it has to be with the DWP so Next Day delivery may cover this if posted In time, you need to check with your Post Office. The DWP are supposed to allow extra for postage but we have seen them ignore this on to many occasions to recommend it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: kate

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