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Planned review question - no review form, just HCP report.

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Hi, I have an appeal coming up and have noticed in the bundle that there was no PIP award review form, just a decision under The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 to review an award.  Client was awarded ER DL & SR Mob from 24/03/16 to 30/06/18.  The DM used a new medical assessment but no award review form was issued to the client.

Regulation 26 (1)(a) states that a personal independence payment decision may be superseded where, since the decision was made, the Secretary of State has received medical evidence from a healthcare professional or other person approved by the Secretary of State.  Regulation 26(2) states that the decision awarding personal independence payment may be superseded where there has been a negative determination.

Neither of the above applies.  Can they review an award without the application form?  Not come across this in all the years of dealing with PIP!

Thanks :)

Elliot Kent
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Shelter

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There are discussions elsewhere about the operation of reg 26, but assuming that it operates to allow a supersession without a change of circumstances, it could only do so where there is “medical evidence from a healthcare professional”. The HCP report is that evidence. If the HCP report is missing, then that would invalidate the whole process on any view unless some other ground of supersession or some alternative medical evidence was available.

There’s no magic in the PIP2 or AR1 review form which the claimant completes though and no obligation even to ask the claimant to complete one. (Although if the claimant is asked to complete one and doesn’t, then reg 26(2) could be used to end the award). If the DWP either never asked for one or have lost it, I don’t see why that would make any difference in terms of the validity of the decision.

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Thanks for your prompt response.