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Can a DLA to PIP “application” be reversed?
I take the total lack of response as a “no” then?
CPIP/2225/2015 may provide your answer.
Dear Peter,
No is the right answer, I’m afraid. See CPIP/2225/2015 (or DC v SSWP [2016] UKUT 117 (AAC).
Regards
Chris
Hi Peter,
Sorry it’s a “no” from me as well. Hope your client meets the threshold for at least standard DL
I remember flicking through the above judgment when it was published and I’ve just read Rightnet’s summary of it. It’s relevant to the extent that it suggests the Pip process once started cannot be reversed. However, that’s not the end of it.
Reg 8(4) of the Pip Transitional Regs 2013 provides a discretionary power to the decision maker to extend the period for making a Pip claim. My reading of the OP is that the telephone claim, unlike in CPIP/2225/2015, has not yet been made. Under 8(4)(b) in particular the DM can extend the time limit for making the Pip claim beyond the normal 28 days by any period s/he thinks fit and, under Reg 8(5), s/he may make that extension decision before the normal 28 days expires. It would admittedly require the good will of a DM, a very rare commodity, but if you ask for a callback and explain the situation you never know. Perhaps the stress related to the re-assessment process is worsening client’s health in which case I cannot see why an extension of 12 months, perhaps even longer, wouldn’t be appropriate/reasonable. Point is that the law does allow the deadline to be extended without limit, except the one implicit in the fact that the client will, obviously, at some point have to undergo migration. Don’t bother asking anyone in the Pip contact centre to exercise their discretion. Sadly, whilst nice people, their role is that of an automaton and if you ask for anything more than 14 days they start to malfunction. Ask for a callback.
Edit: And in case it’s not clear from the above, and apologies if you already know this, a Pip claim is the one you make over the phone or, less often, in writing (form Pip1). The Pip2 is not the claim as such but further information in support of the claim. By the time the Pip2 is received, the Pip claim has already been made.
[ Edited: 3 Nov 2016 at 06:31 pm by Tom H ]Many thanks all of you. At least it’s clear now.