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When can a date of contact by changed for a pip review
- Tosca1403
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2 years 11 months ago #268511 by Tosca1403
When can a date of contact by changed for a pip review was created by Tosca1403
Hi
I lost out when I went from DLA Enhanced Mobility and Care to PIP Standard.Daily Living
Tried for a MR as I had been reviewed without anyone speaking to me about my MR and then COVID hit and I was not able to peruse it.
Anyway I decided after speaking to a Benefit Advisor to ask for a review of my PIP last Thursday 10/03/22 on my worsening health.
I phoned PIP about 4 times on Friday 11/3/22 but got cut off each time. I know the lines were very busy and was informed by the automated voice it would be better to try later however I decided to hold on. Still never got through and lines go down at 5.00 so cut off for the 4 time that day. Previously lines were open to 6.00 before COVID.
I also tried Saturday but they no longer opening on a Saturday either.
However today I phoned them 14/3/22 to request a review for my health on Mobility and Daily Living. I was then informed that I could not make an application for Mobility as today was my 66th Birthday and now State Pension age.
I want to challenge my date to that of Friday as it was not my fault that DWP phone lines are not being answered. There is no-line form to use and the DWP wide sites you must phone.
Is there anyway I can challenge the date. I dont want to waste time if there is nothing I can do about it.
I had read somewhere 8n the past where Date of Claims can be accepted if offices were closed or mail delayed etc but not sure if this is still the case.
Any help would be extremely grateful.
I lost out when I went from DLA Enhanced Mobility and Care to PIP Standard.Daily Living
Tried for a MR as I had been reviewed without anyone speaking to me about my MR and then COVID hit and I was not able to peruse it.
Anyway I decided after speaking to a Benefit Advisor to ask for a review of my PIP last Thursday 10/03/22 on my worsening health.
I phoned PIP about 4 times on Friday 11/3/22 but got cut off each time. I know the lines were very busy and was informed by the automated voice it would be better to try later however I decided to hold on. Still never got through and lines go down at 5.00 so cut off for the 4 time that day. Previously lines were open to 6.00 before COVID.
I also tried Saturday but they no longer opening on a Saturday either.
However today I phoned them 14/3/22 to request a review for my health on Mobility and Daily Living. I was then informed that I could not make an application for Mobility as today was my 66th Birthday and now State Pension age.
I want to challenge my date to that of Friday as it was not my fault that DWP phone lines are not being answered. There is no-line form to use and the DWP wide sites you must phone.
Is there anyway I can challenge the date. I dont want to waste time if there is nothing I can do about it.
I had read somewhere 8n the past where Date of Claims can be accepted if offices were closed or mail delayed etc but not sure if this is still the case.
Any help would be extremely grateful.
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- Gary
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2 years 11 months ago #268535 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic When can a date of contact by changed for a pip review
Hi Tosca1403
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
I don't think your chances are favourable, one of the questions they would ask is why leave it until the eleventh hour? When you say that when Covid hit you were unable to pursue it, why were you unable to pursue it?
You should contact your local Welfare Rights Organisation to see if they are able to help; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
I don't think your chances are favourable, one of the questions they would ask is why leave it until the eleventh hour? When you say that when Covid hit you were unable to pursue it, why were you unable to pursue it?
You should contact your local Welfare Rights Organisation to see if they are able to help; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gary
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2 years 11 months ago #268537 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic When can a date of contact by changed for a pip review
Hi Tosca1403
I forgot to mention the difference between PIP and DLA criteria;
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
Gary
I forgot to mention the difference between PIP and DLA criteria;
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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