× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

Mobility review following November 2016 (PIP)

JojoMitchell
forum member

Disability Law Service, London

Send message

Total Posts: 290

Joined: 10 July 2017

I’ve put this add the end of the other thread but as this started in Jan 18 things have moved on!

Just had a call from a mother - her daughter aged 19 with autism has been contacted by DWP stating that they made a mistake with her current award (due to run to 2021) and have booked her in for a face to face assessment in 8 days.  The daughter doesn’t want to proceed with the mobility review as this was not awarded and she only has occasional anxiety so would not score sufficient points for the mobility component.  Her PIP was awarded in 2015.
Her concern is that if she fails to attend the assessment will this stop her entire claim?  She has no plans on attending.
Can she ask PIP to stop the mobility reassessment as she doesn’t want to have this part reviewed?
Does anyone have any experience of this?  Earlier in this thread there was an acknowledgement that no award would be reduced but also that there wouldn’t be any assessments!!
Thanks as always!

[ Edited: 23 Jan 2019 at 10:25 am by JojoMitchell ]
Elliot Kent
forum member

Shelter

Send message

Total Posts: 3129

Joined: 14 July 2014

Is is not just a routine review? Her award runs to 2020 and its now 2019 so you would expect her review to be coming up?

JojoMitchell
forum member

Disability Law Service, London

Send message

Total Posts: 290

Joined: 10 July 2017

Sorry typo, review due for current claim in 2020 as runs to 2021.

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3129

Joined: 14 July 2014

Oh okay.

Well who knows what is going on quite frankly. I’m not sure autism is necessarily the sort of condition which would be pulled up on the “trawl” that they are doing for mobility cases so it’s possible that something else is going on in this case.

All you can say with any certainty is that (1) the DWP are entitled to review any PIP award at any time and for any reason - reg 11, PIP Regs, (2) the DWP can therefore call the claimant in for an assessment - reg 9 and (3) if the claimant “without good reason” fails to play along with that request, then yes her entire award can be terminated early - reg 26(2) D&A Regs.

JojoMitchell
forum member

Disability Law Service, London

Send message

Total Posts: 290

Joined: 10 July 2017

From what the caller said it was definitely part of the PIP mobility review as that is what the letter said.

Ed Pybus
forum member

Welfare rights worker for disabled children and families - CPAG in Scotland

Send message

Total Posts: 40

Joined: 19 September 2012

According to the guidance issued last year reviews as part of the LEAP review should not include new face to face assessments:

http://data.parliament.uk/DepositedPapers/Files/DEP2018-0644/PIP_FAQ.pdf

Will claimants have to attend a new face to face assessment?
No. We are not planning any new face to face assessments as part of the administrative exercise.

JojoMitchell
forum member

Disability Law Service, London

Send message

Total Posts: 290

Joined: 10 July 2017

Yes, that’s what I read but this client has been invited to one!