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PIP appeal lost due to receiving Carers allowance
- luluspice
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5 years 7 months ago #217114 by luluspice
PIP appeal lost due to receiving Carers allowance was created by luluspice
Hi,
Has anyone else had the issue over CA & PIP award?
Hubbys appeal was yesterday. He was on DLA high care low mobility lost it after PIP move.
appeal yesterday & they honed in on hubby getting CA for me since 2012 when I got breast cancer & now am pretty messed up by treatment & Fibro. We are Co Carers..we stumble through with me doing most. We lost appeal - 1 point for help with medication. Hubby has PTSD & physical problems since car crash in 1998. I did find Case Law mention on rightsnetwhere it was deemed the 35 hour rule could not be applied as well as saying care had to be substantial & regular..cannot have both- See paragraph1.200 Social Security Legislation 2015/15 Volume1. As as a couple living together the 'care' we provide each other can be 24/7 in way of emotional or physical support encouragement, direction, able to alert or call for help etc. Hubby does very little to help me..I wish he did more but the nature of his condition & my bloody mindedness mean we cope in our own way..not to some Civil Servants Rules! Has anyone else lost ou on PIP due to getting CA?
Has anyone else had the issue over CA & PIP award?
Hubbys appeal was yesterday. He was on DLA high care low mobility lost it after PIP move.
appeal yesterday & they honed in on hubby getting CA for me since 2012 when I got breast cancer & now am pretty messed up by treatment & Fibro. We are Co Carers..we stumble through with me doing most. We lost appeal - 1 point for help with medication. Hubby has PTSD & physical problems since car crash in 1998. I did find Case Law mention on rightsnetwhere it was deemed the 35 hour rule could not be applied as well as saying care had to be substantial & regular..cannot have both- See paragraph1.200 Social Security Legislation 2015/15 Volume1. As as a couple living together the 'care' we provide each other can be 24/7 in way of emotional or physical support encouragement, direction, able to alert or call for help etc. Hubby does very little to help me..I wish he did more but the nature of his condition & my bloody mindedness mean we cope in our own way..not to some Civil Servants Rules! Has anyone else lost ou on PIP due to getting CA?
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- Gordon
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5 years 7 months ago #217120 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal lost due to receiving Carers allowance
Lulu
A Decision on a PIP claim has to be made on the basis of the claimant meeting the PIP Descriptors or not.
I have not seen a claim refused due to the claimant also having caring duties, the panel would have to believe that those caring duties were at odds with the claimant's testimony in regard to their ability to complete the PIP activities.
If the claim was refused then I would ask for a Statement of Reasons from the Judge
Tribunals – Requesting a Statement of Reasons
in preparation for making a further appeal to the Upper Tier Tribunal
I would also try and get face to face advice as we are limited on the forum on the advice we give on this as you need someone who can actually review the papers involved in the appeal. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
A Decision on a PIP claim has to be made on the basis of the claimant meeting the PIP Descriptors or not.
I have not seen a claim refused due to the claimant also having caring duties, the panel would have to believe that those caring duties were at odds with the claimant's testimony in regard to their ability to complete the PIP activities.
If the claim was refused then I would ask for a Statement of Reasons from the Judge
Tribunals – Requesting a Statement of Reasons
in preparation for making a further appeal to the Upper Tier Tribunal
I would also try and get face to face advice as we are limited on the forum on the advice we give on this as you need someone who can actually review the papers involved in the appeal. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheMerlin486
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