In reciept of DLA and requests PIP

I saw someone who is in receipt of high rate mobility. She had rung and requested a PIP form thinking it was an entirely different benefit and she could get both PIP and DLA. When she came to see me I thought there was a risk that she might not get the enhanced rate mobility and I advised she would be moved onto PIP at some point in the future and it might be safer to wait for that. She decided not to pursue the PIP claim.

She has rung me today to say that her DLA has stopped and PIP say this is because she didn’t return the form? 

Can this happen? I am thinking there must be some mistake/confusion but just wondered if anyone else has come across this?

Thanks

PIP claims are logged when the claiment rings to request the form. Unfortunately your client appears to have done the damage before seeking advice.

Unfortunately yes. I can only assume from the area you work in that you are in a PIP review area.  Some SK postcodes still have their DLA claims reviewed as a DLA claim so it is always worth checking the postcodes. 

I am aware that a number of people have beleived that PIP is an additional benefit to their DLA and as a result of this they have put their existing awards at risk especially where LRCC of DLA was in payment.

Big issue in the hearing impaired community for whom DWP communications might politely be described as somewhat deficient.

The first she heard was when she got a letter from Motability saying she had to return her car as her DLA HRM had ended. She hasn’t received a letter from DLA saying her DLA has stopped and wasn’t warned of this possibility when she spoke to PIP. She says she had only rung them to enquire about what PIP was and didn’t ask to make a claim (as my first post suggests).

Surely they should be issuing warnings. With DLA they always did that “your award could go up as well as down” thing when people rang for a supersession.

Thanks

Jo Woodcock - 02 March 2015 09:47 AM

.. and requested a PIP form..

PIP1 or PIP2? 

If she’s completed the PIP1 over the phone it might be fatal.  The DLA should have been superseded which should carry a right of appeal.  But whether there are any merits to that appeal is another matter.  If she has completed the PIP1, has she answered all of its questions?  It’s arguable under the PIP Trans Regs that a person cannot be a “voluntary transfer claimant”, which is what DWP will say she is here, unless they’ve made a properly completed claim.