PIP supercession form not returned and whole claim closed

I have a client who asked for a supercession of their PIP to include the care component he didn’t return the supercession form they sent out to him and they have now closed his whole claim including the mobility element.

I am presuming they have done this under regulation 8 having had a look at previous posts this states

(Information or evidence required for determining limited or severely limited ability to carry out activities

8.—(1) The Secretary of State may require C to provide any information or evidence required to determine whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities.

(2) Where information or evidence is requested under paragraph (1), C must provide the information or evidence to the Secretary of State within one month from the date of the request being made or within such longer period as the Secretary of State may consider reasonable in the circumstances of the particular case.

(3) Where C fails without good reason to comply with the request referred to in paragraph (1), a negative determination in relation to the component to which the failure related must be made.)

But in (3) it states” a negative determination in relation to the component to which the failure is related”  In this case he was already in receipt of the mobilty and he had given details over the phone regarding his increase in care needs therefore that was the component to which the failure to return should have related- so should they have shut down the whole claim?

Has this happened to anyone elses client?

We are going to do a MR and client can argue good cause for not sending back as he has memory loss as one of his health problems etc but any advice anyone has would be appreciated.

A client of mine recently requested a reconsideration of her PIP award. She showed me the covering letter which came with the claim form; this stated that if she failed to return the form within the time limit or decided not to proceed without letting them know within the time limit then her PIP would cease.

It would be good to see a copy of this notification letter. I have trawled the websites but cannot find this particular notification.

Very helpful information.

Hi Dave,
I’ve dropped a line to my client today asking her to send me a copy of the letter. I’ll send you a copy if she brings it in.