Failure to attend Medical assessment for PIP

Hello,

Telephone call from client who, for good reasons, failed to attend at both of the two medical assessments arranged for her following an application for PIP.  She was told by the ATOS customer care that this being the case she would need to start the process again and make a new claim as the original claim was now nullified.

I telephoned the ATOS customer-care-line and quite to my surprise they were very helpful.  They advised me that where a claimant fails to attend two medical assessments, the claim is returned to the DWP.  As such, their involvement ends at that stage and the DWP take over.  I asked if this was policy or in line with Legislation.  They were not clear on that but they gave me a number to telephone the DWP.

I telephoned the DWP and again they were very helpful.  I provided details of the claimant and gave what I felt were good reasons for her non attendance at the assessments.  They then said that under the circumstances as described by me, they would request that the claimant be offered a further appointment for assessment.

I hope that you find this interesting but I have to add that I am still not sure whether the actions by ATOS or the DWP in this case are Legislative or just policy.

Thank you.

Patrick

Hi Patrick

Section 8 of the Social Security Act 1998 has been amended by paragraph 39 of schedule 9 of the Welfare Reform Act 2012 to include PIP.  Thus a claim for PIP requires a section 8 outcome decision by the Secretary of State, notified to the claimant in writing and carrying full appeal rights.  No more, no less.  There can be no question of nullification, closing claims or any other kind of legislative sleight of hand.  Universal Credit has also been made subject to a section 8 decision.

Thank you. 

As always such a helpful response from the membership of this invaluable forum. 

Patrick.