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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP renewal (early!)

Sangeeta1
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Support Services, Cystic Fibrosis Trust, London

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I have an 18 year old client with Cystic Fibrosis who was transferred to PIP a while back. He was awarded ERM and SRDL until December 2016. Upon reconsideration he was given Enhanced rate for both.

He was sent out a renewal form in December 2015! This had to be returned by January 2016, and he has been awarded 0 points, following a face-to-face consultation. The award has been removed in a decision dated 15/3/2016.

He is going to challenge this; but has anyone heard of a renewal for PIP being sent out this early? There appears to be no change of circumstances reported to trigger this. Any ideas appreciated.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Terry Craven
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Benefit Advice & Appeals Service, Liverpool Veterans

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Unfortunately, yes it seems to be common practice. I spoke to the DWP who came up with a cock and bull story about the recommendation of Maximus.

Sangeeta1
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Support Services, Cystic Fibrosis Trust, London

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Thanks, very useful. Depressing though.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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fran.elkington
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ECIl - Information & Advice

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I have also come across this a couple of times and queried it with PIP who said this was the required time! it seems excessive and also information given for a year ahead could be inaccurate.

Dan_Manville
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fran.elkington - 24 March 2016 12:13 PM

I have also come across this a couple of times and queried it with PIP who said this was the required time! it seems excessive and also information given for a year ahead could be inaccurate.

It’s not a year ahead though; reg 11 of the PIP regs allows them to reassess at any time and a medical report is enough to supersede. So what they’re doing is setting an award date then using a discretionary power to review it a year before it’s due to expire.

I’d be interested to see counsel’s opinion of whether fettering such a discretionary power is lawful when set against a fixed term award; it strikes me -to borrow the legal parlance- as well dodge

Terry Craven
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Dan Manville - 24 March 2016 03:44 PM
fran.elkington - 24 March 2016 12:13 PM

I have also come across this a couple of times and queried it with PIP who said this was the required time! it seems excessive and also information given for a year ahead could be inaccurate.

It’s not a year ahead though; reg 11 of the PIP regs allows them to reassess at any time and a medical report is enough to supersede. So what they’re doing is setting an award date then using a discretionary power to review it a year before it’s due to expire.

I’d be interested to see counsel’s opinion of whether fettering such a discretionary power is lawful when set against a fixed term award; it strikes me -to borrow the legal parlance- as well dodge

I agree Dan, the problem is they are actually bringing forward or rather reducing the length of the award. To me it does need a JR. Possibly CPAG would be interested in taking a test case. I’m not sure whether Rightsnet are up for it. I’m sure Shawn will enlighten please?

Sangeeta1
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Thanks all. Feels all wrong and I’m sure it should be challenged.