PIP conversion: falling at the first hurdle!

New client and PIP are refusing to issue a PIP2 without evidence of immigration status. Cl iro DLA and IS so presumably someone in the depths has checked already.

I’ve got a nasty feeling that our local welfare assistance scheme won’t cover new citizenship docs so need to argue it out as cl can’t afford the fees, especially if DLA stops which I fear may be imminent.

I think I can form an argument around Kerr but as it’s new turf I thought I’d bounce it round and see what people think.

Hi Dan,

Is there a decision refusing PIP? Guessing not from your post. If there isn’t then I think the only option is to reply explaining why unavailable and ask them to accept anything that is available as sufficient in the circumstances. If they refuse to decide the PIP claim against the client the upside is that the DLA award just rumbles on (unless the end date is approaching - hard to picture it being extended but pointing out the policy intention that the extension allows a PIP decision to be made might do the trick, maybe…)

If you do get a decision then yes to Kerr, and also CIS/51/2007 might be worth a look: http://www.rightsnet.org.uk/welfare-rights/caselaw/item/Valid-claims-and-evidence-requirements. Good authority on the right of appeal, and then you are just left convincing a judge that in this case the evidence required is significantly less reasonable than it was in that case.

Jon

Could you submit a subject access request to see what evidence the DWP already has on their immigration status?

Thanks Jon, no they haven’t decided it yet and I’ve asked them to either accept that the previous IS and DLA awards are decisive or put the brakes on while…

seand - 18 February 2015 10:36 AM

Could you submit a subject access request to see what evidence the DWP already has on their immigration status?

I do that!

I thought I’d update this while I’m on hold.

I received IS file and saw, for the first time ever, a Sup Ben single payments Tribunal decision; wow; Sup ben was abolished while I was still at school! Having no ID on the file I sent a big long letter not only arguing Kerr but that obviously *someone had checked her nationality and pointed out that she’s been here since the 60s so was protected from the removal of Commonwealth Citizen’s right of entry to the UK by the ‘99 IAA.

Then a couple of weeks ago I received the DLA file and, again no ID; I called the PIP helpine with a lump in my throat to be told they’d received the PIP2 from client the same day. Someone, somewhere had seen sense.