Should a client have to apply for PIP when his DLA renewal form is lost in the post?

I have previously used the Interpretation Act S7 to assist me in ‘lost post arguments with the DWP’

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Hope it helps

I’m sure I’d heard that that was redundant now… I may edit this!

Edit… without reading it I think R(G)2/06 may have put paid to the interpretation act argument.

Cheers Reg 6(1) SSAA 92

Regulation 6(1)(a) provides that:
“ … the date on which a claim is made shall be –
(a) in the case of a claim which meets the requirements of regulation 4(1), the date on which it is received in an appropriate office.

regulation 6(1) does not purport to require anything of a claim; it merely identifies the date on which a claim is made or is treated as made. It is a descriptive rather than a prescriptive provision.

It wasn’t clear if Levy used signed for post, not that this would make a difference ah well, cheers Dan

just spoke to a client who sent the renewal back, it was received 1 day late, DLA ended and Pip claim made, this was unsuccessful..

can we appeal decision not to renew DLA.?

client had cancer but now in remission.

Read from post 3 in this thread.  In addition, you need to get the department to put the decision in writing.  After they have done this, in the letter ask to appeal but state that they can treat the request as a mandatory reconsideration if they wish.  It is unclear to me whether the mandatory reconsideration rules apply.

The client needs to ask for a mandatory reconsideration of the PIP decision as well.

A new client’s PIP planned intervention (the PIP name for renewals) has gone missing.  Does anyone have a copy of CG/581/2013 they could send me?

here is summary - http://www.rightsnet.org.uk/welfare-rights/caselaw/item/assessing-whether-claim-form-received

and link to decision - http://www.osscsc.gov.uk/Aspx/view.aspx?id=3977

Daphne, thanks for your help.