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WTC - Loss of PIP and late MRs
I’m so sorry - I’m sure there’s something on the Forum about this, but I can’t find it this afternoon.
Client is aged 19, lives with appointee parent. ASD diagnosis in her earlier teens and was awarded initially DLA and then PIP. Has just been reassessed and scored just 2 points for a reading overlay (for her dyslexia). She had commenced an apprenticeship in the interim period and is receiving WTC with dis element. Her conditions and difficulties are of course (!) unchanged and I’m just working through all the missing points on the PIP descriptors with mum. I’ve reminded them that they’re obliged to notify TCO of the lost PIP in the next couple of weeks, and have advised that all the TC will stop as there is no other qualifying benefit to protect the award.
If the PIP decision is changed at MR (unlikely as we have no new evidence to submit but you never know), can they just request an MR on the WTC?
If she has to go to appeal for PIP, and these seem to be taking close to 12 months here now, would they be able to go back to the TCO? Are there any particular tactics to employ?
Or is the doorway well and truly bolted this time?
- Every other WTC dis element case I’ve had, I’ve always found an old qualifying benefit to fall back on, but, with all the changes, the demise of TC claims etc etc, am I just clutching at straws??
Any hope I can give to increasingly distraught mum will be most welcome.
You could ask for anytime revision of the WTC stop decision, in the light of new evidence not available to the decision maker (i.e: successful Tribunal Decision re-instating PIP). This would at least produce a new decision, (appealable if necessary).
You could ask for anytime revision of the WTC stop decision, in the light of new evidence not available to the decision maker (i.e: successful Tribunal Decision re-instating PIP). This would at least produce a new decision, (appealable if necessary).
Thanks so much, Benny. I’ll explain that to mum.
Elaine