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New PIP claim whilst awaiting mandatory reconsideration on old claim
I have a client who ordered a new PIP claim whilst awaiting a mandatory reconsideration decision on the original claim.
Their condition has not changed between the two claims and the MR decision on the original claim is still pending.
The client did not return the second PIP claim as the MR was still pending on the first.
Will not returning the second claim form result in an official `nil entitlement` decision and therefore mean that any successful decision on the original claim would be time limited up to the date of the second claim?
Did you get an answer to this one? I have a client in a similar scenario
Will not returning the second claim form result in an official `nil entitlement` decision and therefore mean that any successful decision on the original claim would be time limited up to the date of the second claim?
No, if you don’t return the second form and an entitlment decision is made on the first it will not be time limited.
Dan, do you know that regulation that I can rely on for this? In our client’s case the new claim has already been refused on the basis that she did not return the form. We want to be sure that this will not limit any award given by a Tribunal on the earlier claim. Thanks
This does appear to be a growing issue.
We are seeing an increasing number of cases where an original claim is refused and the claimant is at the MR or appeal stage and, following the initial refusal, has also made a new claim. As the PIP delays have reduced many of those 2nd claims have already been refused and reached the MR stage (then the cases get referred to us).
Making a 2nd claim for PIP following an initial claim refusal which is subject to a challenge brings with it the same potential issues / problems as it does with DLA and AA.
Claimants and advisers do need to understand the implications of challenging a 1st claim decision and making a 2nd claim.
Unsurprisingly we are also seeing a wide variation between the points awarded on the first and 2nd claims - even when the F2F took place and the decisions one each claim have been made within a few months of each other!