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Withdrawing PIP supersession request

NeverSayNo
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Welfare rights department - Northumberland County Council

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Client on PIP SDL (unknown length of award) but felt her condition had worsened. When she reported this to DWP they issued a new PIP2. At this point client seeks advice. I am concerned that she is only just able to get 8 points - so am feeling there is an option just to contact DWP and say she doesnt want to continue with the supersession.

By not returning the PIP2 in these circumstances - can DWP make a decision to end the current award for not returning the form? Or does a request for ending the supersession mean her current award of PIP will continue until its natural review date?

Thanks!

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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The claim should continue; it’s only DLA to PIP conversion where an application is locked in.

Still a good idea to let PIP know you won’t be pursing the supersession though.

NeverSayNo
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Welfare rights department - Northumberland County Council

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Cheers Dan - that’s what I was thinking too

AlexJ
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Trafford Welfare Rights

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Dan Manville - 03 April 2017 12:34 PM

The claim should continue; it’s only DLA to PIP conversion where an application is locked in.

Still a good idea to let PIP know you won’t be pursing the supersession though.

Sorry to revisit such an old post. So if the client fails to return the form, when he/she has asked for a supersession herself over the phone, do the DWP have no power to terminate her claim for failure to return the form?

Dan_Manville
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AlexJ - 26 October 2017 03:30 PM
Dan Manville - 03 April 2017 12:34 PM

The claim should continue; it’s only DLA to PIP conversion where an application is locked in.

Still a good idea to let PIP know you won’t be pursing the supersession though.

Sorry to revisit such an old post. So if the client fails to return the form, when he/she has asked for a supersession herself over the phone, do the DWP have no power to terminate her claim for failure to return the form?

Yes they do, but if client rings up and tells then they don’t want to pursue the supersession it should stop.

Which reminds me… I need to ring PIP after the call I’m on!

Aparna
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Support services, British Polio Fellowship

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My client did exactly that, but was told by DWP that if he does not return the form, he will lose his current entitlement.
Can someone point me to the reg regarding this which I can quote?

Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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Most PIP awards have an end date. Have you checked that here? There are some rules around how long before the end date the DWP can re-assess (CpAG welbens pg 762).

I think that the DM can treat a supersession as a review and vice versa and that the DWP can decide to do a review without a request from the claimant.

so

a) the call centre worker may have misunderstood what was going on

b) the DWP may be deciding to treat the issue of the PIP2 as a decision to do a review (pg 1292)

Ant
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Welfare rights service - Lancashire County Council

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it may be regs 8 & 11of the PIP regs
reg 11 allows SoS to re-determine at any time and for any reason.
reg 8 (3) Where C fails without good reason to comply with the request referred to in paragraph (1), a negative in relation to the component to which the failure related must be made.