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PIP award - indefinite.
Just seen a decision letter awarding PIP ‘...for an ongoing period’ & ‘we’ll contact you after 2nd March 2025 to make sure you’re receiving the right level of PIP.’
[ Edited: 16 Apr 2015 at 01:34 pm by John Birks ]Interesting - what were the health problems?
Autistic Spectrum Disorder
Do you know if the person had to go for a face to face assessment?
I’ve had a couple of those. I can’t recall what the problems were, but I judged them to be about right.
Do you know if the person had to go for a face to face assessment?
Yes but awarded on MR following further ev.
I’ve had a couple of those. I can’t recall what the problems were, but I judged them to be about right.
It’s significant as PIP was introduced on the basis of Fixed Term awards.
“We want to ensure that Personal Independence Payment awards remain correct. We will do this by making awards for a fixed term, except in exceptional circumstances.”
To date this is the first ‘ongoing’ award I have seen.
I’ve dug out a couple of the cases I was thinking of. One award of enhanced/enhanced was ongoing for autism. Another was an appeal case for schizophrenia, depression and lower back pain that the tribunal awarded, stating “it is inappropriate to fix a term”.
I have been assuming that a non fixed-term award of PIP is for people whose conditions are unlikely to improve within the next ten years.
I’ve also just had an FTT decision stating ‘it is inappropriate to fix a term’. It was a case where they agreed enhanced rates as per my submission and we didn’t need to attend so I don’t know the reasoning. I had assumed that this meant DWP would be left to decide on the length of the award. I didn’t think it meant an indefinite award, especially because it’s a guy with severe mental health problems, but with definite potential to improve.
Has anyone else come across this?
What are people’s experience of reviews ‘inappropriate to fix a term’ awards? My understanding from ADM & various FOI responses was that it would be around the 10 year mark that a review would be carried out.
Just recently two clients got in touch to say their ‘inappropriate to fix a term’ PIP had been reviewed 18 months in and entitlement removed. Both of these clients had been awarded PIP after successful FTT. Coincidence ... ?
My understanding was that it means 20 years but in practice the aim would be to review after 3 so sending forms out around the 2 year mark. I stand to be corrected.
I had an appeal hearing for a client with schizophrenia in 2016. ER DL and SR mob awarded from August 2015. The Tribunal stated that it was inappropriate to fix a term. PIP confirmed this in their award letter by stating that the award was for an ongoing period. I had advised him at the time that he will probably be re-assessed at some stage. However, he received a letter in August 2107 to “remind” him that his award was ending on 03/12/17. I was not expecting that! That makes it just as short as most of the PIP awards that I see, and clearly not the Tribunal’s intention.
One of the clients mentioned above has the MRN back - in response to my query over review dates, citing the guidance:
[ADM guidance Chapter P2 states:
‘P2062 Where following an assessment consultation, it is considered that the claimant has
1. a level of functional ability which is not likely to change in the long-term or
2. high levels of functional impairment which are only likely to increase,
a fixed term award will be inappropriate and an on-going award with a PIP Award Review date after 10 years will be applicable. Note: This is the guidance issued by the Secretary of State in accordance with legislation.’]
the DM simply says - in your appeal outcome letter it confirms while we have awarded you PIP for an ongoing period we will be in touch after April 2017.
There seem to be some claimants who are being written to saying DWP won’t bother you for a period of 10 years as cited by post no. #1. I’ve also seen award letters stating we’ll get in touch after 2026 etc. Are there differences between intervals for review after DWP decide to make an ‘ongoing award’ compared to when the FTT decides it is ‘inappropriate to fix a term’? Have people got claimants where it’s the DWP that make an ongoing award saying we won’t be in touch till 2026 and then actually do a review after 2 or 3 years - or is it just where the decision is made by the FTT?
Another client, another PIP tribunal award with ‘inappropriate to fix a term’, another PIP review form sent within 2 years of the award start date. I’m seeing a pattern where, if DWP set a long term award, they don’t review for 10 years. But if that long term award is set by a tribunal, then they just ignore this and review within 2years. I’m not really sure what we can do about this. She has sent the form back. Await the outcome and complain anyway?
The health conditions are a visual impairment, mild learning difficulty, and mild cerebral palsy.
To update on the case I posted about last Oct - I spoke to PIP and they said “Whoops, our error” and withdrew the request for renewal. Worth a try?
Helen, that’s a good idea. I’ll speak to PIP and see what they say.
Thanks