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Award Review of a PIP award made by a Tribunal
- BertieWooster
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1 year 11 months ago #276688 by BertieWooster
Award Review of a PIP award made by a Tribunal was created by BertieWooster
Hello,
Following a tribunal hearing in 2020, I was awarded PIP for four years, from August 2019 to August 2023. I have just received an Award Review pack from the DWP, which I have to return within one month. If I do not return the completed Award Review form then my award will terminate. I know that generally, the DWP can review a PIP award at any time, and that they aim to do so within the 12 months preceding the end date of an award.
My question is, is the DWP permitted to initiate an Award Review for a PIP award that was made by a tribunal, rather than by the DWP, so long before the award end date? The tribunal order states that I am entitled to PIP from August 2019 to August 2023, and the DWP’s confirmation letter that followed after the tribunal’s decision, also states that I am entitled to PIP from August 2019 to August 2023, and that I will be sent a letter around 14 weeks before the end date, which will explain how I can claim again if I want to. My understanding is that a tribunal’s order (including the award’s end date) cannot be influenced or varied by the DWP and that only the court can amend the order. Am I mistaken?
Thank you.
Following a tribunal hearing in 2020, I was awarded PIP for four years, from August 2019 to August 2023. I have just received an Award Review pack from the DWP, which I have to return within one month. If I do not return the completed Award Review form then my award will terminate. I know that generally, the DWP can review a PIP award at any time, and that they aim to do so within the 12 months preceding the end date of an award.
My question is, is the DWP permitted to initiate an Award Review for a PIP award that was made by a tribunal, rather than by the DWP, so long before the award end date? The tribunal order states that I am entitled to PIP from August 2019 to August 2023, and the DWP’s confirmation letter that followed after the tribunal’s decision, also states that I am entitled to PIP from August 2019 to August 2023, and that I will be sent a letter around 14 weeks before the end date, which will explain how I can claim again if I want to. My understanding is that a tribunal’s order (including the award’s end date) cannot be influenced or varied by the DWP and that only the court can amend the order. Am I mistaken?
Thank you.
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- Gordon
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1 year 11 months ago #276707 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Award Review of a PIP award made by a Tribunal
BertieWooster
Yes and no!
The DWP cannot revise a Tribunal Decision but they can supersede it and that is what they have been doing with most PIP awards, even those made by a Tribunal.
Wait times for a reassessment can be anywhere up to 18 months, from when the Review or PIP2 form is sent, the original intent was three months for the whole process hence the 14 weeks mentioned.
Gordon
Yes and no!
The DWP cannot revise a Tribunal Decision but they can supersede it and that is what they have been doing with most PIP awards, even those made by a Tribunal.
Wait times for a reassessment can be anywhere up to 18 months, from when the Review or PIP2 form is sent, the original intent was three months for the whole process hence the 14 weeks mentioned.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- BertieWooster
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1 year 11 months ago #276720 by BertieWooster
Replied by BertieWooster on topic Award Review of a PIP award made by a Tribunal
Gordon,
Thank you for your reply.
Supercession instead of revision sounds like semantics although I do not doubt that it is perfectly legal!
If the time between submitting the Award Review form and the form being reviewed by the DWP is currently up to 18 months, then I suppose that my award is unlikely to end before August 2023 anyway. Not that it really matters. If I have been asked to submit an Award Review form then I have to comply. It is just the thought of having to go through the whole process again is dispiriting (I know that a Review is not as involved as a New claim but it is still significant). I suppose that an Award Review is potentially better than having to submit a New claim after the current one expires as I presume that I would be without PIP payments from August 2023 until the New claim were awarded, whereas my PIP claim will continue until a decision is made if it goes via the Review route.
Thank you for your reply.
Supercession instead of revision sounds like semantics although I do not doubt that it is perfectly legal!
If the time between submitting the Award Review form and the form being reviewed by the DWP is currently up to 18 months, then I suppose that my award is unlikely to end before August 2023 anyway. Not that it really matters. If I have been asked to submit an Award Review form then I have to comply. It is just the thought of having to go through the whole process again is dispiriting (I know that a Review is not as involved as a New claim but it is still significant). I suppose that an Award Review is potentially better than having to submit a New claim after the current one expires as I presume that I would be without PIP payments from August 2023 until the New claim were awarded, whereas my PIP claim will continue until a decision is made if it goes via the Review route.
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