Cessation of DLA award if PIP paspers are   not returned

Cl advises that she   has   had   letter from DWP stating that current award   of DLA will be terminated   perphaps temporarily should PIP form not   be returned.

Does thias sound correct?

Thanks   in advance

As I understand the transfer process, a claimant is notified of the transfer process, and invited to claim PIP. After 4 weeks (longer in exceptional circumstances), DLA payments are suspended if no PIP claim made (although the suspension is lifted if PIP is claimed within further 4 weeks). The DLA award is terminated if no contact within 4 weeks of suspension.

There are no appeal rights against the decision ending the DLA award. Once PIP is claimed, it is processed as a new claim. Failure to comply with the new claim process without good reason also means the PIP claim fails (and DLA ends).

Is your client in an area where renewals have already gone to PIP in which case this is like a renewal usually however it would only end if the award had ended or client had given reason for DLA/PIP to beleive the award was incorrect did the DLA have an ‘end ‘date the words ‘stop temporarily’ wouldnt usually fit in this however

Has your client asked for a new award /suggested the old award is wrong and requested a PIP form they havent sent back

Long shot also some clients dont think PIP is the same as DLA and could have caused the issue by requesting PIP forms for a ‘new ’ benefit they think they are entitled too

Similar scenario with a client - DLA time limited award ends May 2014. Had letter last week: make a claim for PIP within 4 weeks, failure to do so will result in suspension of current DLA award. Failure to apply within a further 4 weeks and the DLA award will come to an end.  The staff member phoned DLA who said as far as they are aware, the award will continue until May 2014.

Hi Ferhana

Unfortunately I think the DLA helpline have misadvised your colleague. (They’ve also misadvised us regarding how the delay in the post 16 transitions affects our area, so it’s not unexpected.)

As Paul T says, if the form is not returned, or the claimant informs the DWP they do not intend to claim PIP, fixed term awards of DLA can be suspended and potentially terminated before the end of the fixed term.

Jo

Think this sounds like a letter my client received which told her DLA would continue til PIP claim decided. She’d not claimed PIP but had been invited to claim DLA again ahead of it ending in May.