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PIP claim process and obtaining a PIP2 - any ideas?

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Apologies - it’s been a while since I’ve had to help anyone with a PIP claim from the get go (I’m really only involved with challenging decisions or failures to make a decision these days) and am wondering how to get through the initial process and telephone triaging….

Scenario is that the client is not going to meet the past presence test - she returned to the UK in August 2023. But she would do so/would have done so had she not been unlawfully removed in September 2020 (long story). I’ll be looking at a challenge the lawfulness of the PPT if applied in her case - but I need to get the claim off the ground to begin with, or at least something in writing confirming DWP will not accept a claim/issue a claim form in these circumstances.

Any thoughts on how to manage this?

Also, as client is shortly due to lose her place in a DV hostel having been granted ILR*, I’d ideally like to get the PIP2 sent to our office so it doesn’t arrive at the hostel after she’s vacated. Is that possible?

(* - the ILR is not an issue - for reasons it isn’t necessary to go in to, she was entitled to public funds prior to the grant of ILR)

Jo_Smith
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Hi, from someone who calls for PIP1 regularly, let me start by saying something which you may already know- you will either get a helpful call handler, who will be happy to register your office as “correspondence address” or you’ll get a less helpful one. Do try to request e-PIP2. This way the link is sent by email, no risk of getting lost in the post. Again, some call handlers will oblige but some will stick rigidly to a policy which says that only unsupported claimants, who call by themselves, can be issued with e-PIP2.
Electronic PIP2 is a beauty and very user friendly, in case you have not done one before.

When you call the new claims line and the question arises “have you been out of the UK in the last 3 years”, and you answer yes, the call handler should continue taking the claim as it is definitely not up to them to make decisions on PPT, and you should get a written enquiry after the PIP1 has been submitted, regarding the PPT, asking perhaps for details, dates of absence etc. This enquiry will need to be chased up as for some reason they are often not sent up in a timely fashion. (I am laughing hysterically at anything “timely fashion” in PIP, but here we are). Alternatively you can get the decision notice, which you can then challenge.

If you have not registered new claims for a while, be prepared for lengthy disclaimers being read out. They take more time than the claim itself.

Good luck 😊

CHAC Adviser
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past caring - 13 November 2024 04:45 PM

Any thoughts on how to manage this?

Even though it’s slower and more labourious I wonder if this might, tactically, be a situation where doing a written request for a PIP1 might work better? No call handler can get in the way of registering a claim and giving grief about the PPT if you just send a letter saying “I want to start a PIP claim please send me a claim form to…” and you can put your office as the correspondence address for the form to be sent to as well.

It’s slower but I wonder if that might be the best way?

Elliot Kent
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Worth remembering that the initial telephone call (i.e. where the call handler completes the PIP1 form) is the claim. The DWP will generally deal with any non-health related enquiries and objections to possible entitlement at that stage (they have a word for it but I forget what it is). They will then either make a decision to refuse PIP on that basis or they will send out the PIP2 form (which is an evidence gathering form and not a claim form). If your client is found to fail PPT you should get a decision stating that at this point, rather than going through the health assessment first.

CHAC Adviser
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Elliot Kent - 14 November 2024 11:55 AM

Worth remembering that the initial telephone call (i.e. where the call handler completes the PIP1 form) is the claim. The DWP will generally deal with any non-health related enquiries and objections to possible entitlement at that stage (they have a word for it but I forget what it is). They will then either make a decision to refuse PIP on that basis or they will send out the PIP2 form (which is an evidence gathering form and not a claim form). If your client is found to fail PPT you should get a decision stating that at this point, rather than going through the health assessment first.

That’s interesting because we’ve had a few cases recently (as in the last twelve months) where the claims gone all the way through to PIP2 and even medical assessment before being delayed whilst they then go on to consider right to reside/PPT issues! Rather than dealing with them first before going onto the medical assessment.

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Elliot Kent - 14 November 2024 11:55 AM

Worth remembering that the initial telephone call (i.e. where the call handler completes the PIP1 form) is the claim. The DWP will generally deal with any non-health related enquiries and objections to possible entitlement at that stage (they have a word for it but I forget what it is). They will then either make a decision to refuse PIP on that basis or they will send out the PIP2 form (which is an evidence gathering form and not a claim form). If your client is found to fail PPT you should get a decision stating that at this point, rather than going through the health assessment first.

That’s my understanding of what should happen, but when I was assisting claimants with the PIP1 phone call, I did often encounter gatekeeping around this type of issue - which would sometimes result in a simple refusal to take the claim/complete the PIP1 - and no actual decision to challenge. Hopefully, things are better now and we at least get so far as a decision that can be challenged.

The option of repeat calls until you get a helpful call handler would be more viable if the client lived closer - whilst not ideal, if we encountered real problems on one day there would be the possibility of bringing her back on another and trying again. But she’s across the other side of London and I’d very much not want to risk that.

There’s been some helpful responses, so thanks all - I’ll see how I get on.