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DLA renewal and PIP claims
Hi all. Client has MH problems and referral came through to me asking me to make a new claim for PIP which I did (and which was accepted by DWP). Nothing more has been done, as far as I am aware client has not received PIP2 form.
It has now become apparent that client already has a DLA claim ongoing (MRC/LRM), which is due to expire near the end of April. In my view client is likely to have a stronger DLA claim than PIP claim.
I’ve had a quick look at the Advice to Decision Makers (and in particular Memo ADM 6/13) and it seems to me that a) client’s PIP claim should not have been accepted as he is still on DLA and as far as I am aware the migration process has not started in our area (I assume that this is what is being referred to when they talk about a date being set by the SoS) and b) he will be able to request to renew his DLA claim.
Am I correct in saying that all I need to do is ask for the withdrawal of the PIP claim and assist the client with returning a DLA renewal form?
I ask because there has been some dialogue on here previously re. when a claim is made and can be withdrawn and how this could affect a client’s right to receive DLA. I think that this situation is different as client is in receipt of DLA still (the posts IIRC related to people who were appealing DLA and had claimed PIP whilst waiting for a hearing).
Thanks in advance!
Client should have been sent an invitation pack at least 3 months ago to claim DLA again if he/she wishes to do so. You would need to ring urgent and explain if he hasn’t received it/ lost it and get an extended period to get it back to them…obviously get a new pack sent out
It appears the DLA renewal form either hasn’t been returned or has been returned and not decided.
I believe claimants of DLA can choose to claim PIP if they wish, so a DLA claim in itself may not preclude a claim for PIP just because the claimant is in an area not yet being converted to PIP from DLA.
Best of luck.
I believe claimants of DLA can choose to claim PIP if they wish, so a DLA claim in itself may not preclude a claim for PIP just because the claimant is in an area not yet being converted to PIP from DLA.
A DLA recipient in a non-migration area cannot choose to claim PIP. PIP(TP) Reg. 3A (inserted by PIP(TP)(A)(No2) Regs.). in a non-migration area only new claims for PIP can be made until a “relavent date” for the area has been notified by the SSWP. No area in the southern Atos assessment area has yet been subject to a “relevant date”.
Even in a migration area a DLA recipient must notify DLA of a change of circumstances and then be ‘invited’ to claim PIP(TP)Reg 3(5). They cannot simply claim PIP.
I stand corrected!