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DWP want notification of their own decisions!?!
- carmind
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9 years 6 months ago #145164 by carmind
DWP want notification of their own decisions!?! was created by carmind
A client of mine has received a letter from the DWP concerning overpayment of Severe Disability Payment following their decision not to allow her PIP claim renewal. They state that she should have informed them of this "change of circumstance".
Why should she have to inform the DWP of their own decision to disallow her PIP?
Surely, the cancellation of SDP should have been automatic following that PIP decision?
I have never heard of this happen before. Has anyone else?
It seems to me that this is a DWP mistake and, if so, is she liable for repayment of the overpayment of SDP?
Why should she have to inform the DWP of their own decision to disallow her PIP?
Surely, the cancellation of SDP should have been automatic following that PIP decision?
I have never heard of this happen before. Has anyone else?
It seems to me that this is a DWP mistake and, if so, is she liable for repayment of the overpayment of SDP?
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- Gordon
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9 years 6 months ago #145170 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP want notification of their own decisions!?!
carmind
I'm afraid you can't assume that the PIP department and the ESA one actually talk to each other, the responsibility still lies with the claimant to notify the relevant department of any changes that might effect their benefit. I have a vague memory of an Upper Tribunal Decision on a similar situation between ESA and DLA, where the Judge, whilst acknowledging that it was absurd that they did not talk to each other, confirmed that it was still down to the claimant.
That said it is still worth your client trying to push responsibility back onto the DWP.
Do you know whether they applied for the SDP, or did the DWP approach them first, if the latter then it may be possible to argue that they were unaware of the qualifying criteria, in other words that they did not know that it had been enabled by their PIP claim, however, this is not usually a winning argument.
Gordon
I'm afraid you can't assume that the PIP department and the ESA one actually talk to each other, the responsibility still lies with the claimant to notify the relevant department of any changes that might effect their benefit. I have a vague memory of an Upper Tribunal Decision on a similar situation between ESA and DLA, where the Judge, whilst acknowledging that it was absurd that they did not talk to each other, confirmed that it was still down to the claimant.
That said it is still worth your client trying to push responsibility back onto the DWP.
Do you know whether they applied for the SDP, or did the DWP approach them first, if the latter then it may be possible to argue that they were unaware of the qualifying criteria, in other words that they did not know that it had been enabled by their PIP claim, however, this is not usually a winning argument.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- carmind
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9 years 6 months ago #145184 by carmind
Replied by carmind on topic DWP want notification of their own decisions!?!
Thanks Gordon - worth a try!!
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