Forum Home → Discussion → Disability benefits → Thread
PIP renewal (early!)
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.
Planned intervention - http://www.rightsnet.org.uk/forums/viewthread/8743
Unplanned intervention - http://www.rightsnet.org.uk/forums/viewthread/9060
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.
Thanks, very useful. Depressing though.
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.
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 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?
Thanks all. Feels all wrong and I’m sure it should be challenged.