× Members

PIP - failure to return review forms / not losing award

More
1 year 11 months ago #276919 by frmarcus
Hello

Rightsnet reports that "PIP and DLA claimants who failed to return review forms will not lose their award without a health assessment where they have been identified as requiring additional support."

In Dec 21 I failed to return my review form due to the chronic illness I got PIP for. I was well enough to re-claim (from scratch) some months later and received the same award - a tacit acknowledgement that my entitlement had remained and 'should not have ceased.'

I explained in the re-claim why I was reclaiming: that I'd been too unwell, not having the assistance with the claim I'd had before and that is why I allowed it to lapse.

Given the logic of my case - the same award was made when I re-claimed - may I request the lost months of PIP (five) be reimbursed? This seems to depend on what 'where they have been identified as requiring additional support' means. Who does the identifying and for what support? As far as I know claimants can't themselves identify (at least formally) their need for additional support; and assessing healthcare professionals may well not (and in any case it's a matter of opinion?) I've never been *asked* by DWP whether I need additional support.

It seems to me that people with mental ill-heath PIP awards (mine includes, but isn't limited to, this) may well require support.

On the surface I suggest it's plainly unfair to end an award due to review disengagement *and* where the claimant successfully re-claims within, say, a year not to pay lost benefit - because the successful reclaim *means* they were entitled to PIP during the period of loss. Indeed, this would seem the rationale of DWP's statement - but how does one go about claiming for the loss when it's happened, please? Would this be via MR and appeal, complaint, or what?

Many thanks,

Marcus

Please Log in or Create an account to join the conversation.

More
1 year 11 months ago #276926 by BIS
Hi frmarcus

I can't find a copy of the DWP statement. I assume they will publish how this will be managed and whether it is ongoing from now or something that can be claimed retrospectively (which I think they will avoid doing). As you point out, the issue is going to be how people are identified as needing support.

Without more information, I can't tell you what you can do apart from ringing the DWP and raising it as an issue. I don't know whether one of the other mods may have heard more.

BIS

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.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid