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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

IS stopped after failure to attend PIP medical!!!!

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Any thoughts on the following scenario?

Cl on IS since 2001, initially as lone parent, then on basis of incapacity for work. Cl never underwent transfer to ESA, so still on IS (incap).

DLA also in payment from 18/08/2010.

Transfer from DLA to PIP 21/04/2015. Cl failed to attend PIP medical (as did not receive notification).

on 24/08/2015, entitlement to IS stopped on the basis that Cl had failed to attend PIP medical, therefore her “health issues could not be determined”.

MR submitted 16/09/2015, on basis that PIP and IS are totally unconnected benefits, and PIP medical is not relevant to entitlement to IS.

Decision upheld by MR 30/09/2015.

Pete C
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Pete at CAB

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I’m sure you have thought of this but could it be that the loss of premiums after DLA ended has taken the person out of IS?

benefitsadviser
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Sunderland West Advice Project

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I doubt that, as the decision letter seems to say it about determination of health status, not to do with income.

I cant see any justification whatsoever in closing an IS claim under these circumstances.

Also PIP has nothing to with work capability??

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Assuming its got nothing to do with loss of premiums or something similar, then this is a stretch even for them.  Either the claimant is treated as incapable of work or is actually incapable after passing the PCA.  Unless the claimant falls not to be so treated under a relevant statutory provision or fails a PCA (or fails to return the IB50 or fails to attend the medical) then, assuming no disqualification for misconduct, etc, there is no legal basis to stop the IS for failing to attend a PIP assessment.

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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IS awarded definitely on the basis of incapacity.

I think they are clutching at straws to end the IS claim, having failed to re-assess for ESA.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Being as they’re forever insisting that ESA and PIP are two completely separate benefits when it suits them, it’s more than a bit rich isn’t it?

And I agree- unless it is premium related, there’s no legal basis upon which to end the IS claim.