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Can a Tribunal increase the length of time of award?
I have a client who has a litany of problems including, COPD, OA, heart problems, sleep apnoea and mental health problems. He was turned down on migration for PIP. The evidence and clinical findings of the HCP did not support her conclusions. After a MR my client was awarded standard rate of both components. However, this is subject to an appeal.
The MR decision resulted in the award until June 2020, which effectively means my client will receive his renewal form in June next year. This could be received before the hearing. If not does the Tribunal have the power to increase the length of award?
In short, yes.
The Tribunal can make any decision the DM might have made. On a PIP claim, the DM gets to choose the length of the award. So yes, if the appeal goes ahead the Tribunal gets to decide how long the award will be.
Hypothetically, an appeal could be run solely arguing that a longer term or indefinite award is appropriate although I doubt this happens too often.
See also RS v SSWP (PIP) [2016] UKUT 85 (AAC).
C.f. ESA where the length of an award is not part of the decision because the award is indefinite.
I have that hypothetical case right now 😊
have run several appeals specifically on the length of PIP award - life long conditions (i.e. pre-lingual deafness) where indefinite award under DLA but fixed term only (at an appropriate rate) following migration to PIP - award period without end allowed in every case.
In several of those case clients were aged 65+ and the decision was actually a PIP re-assessment decision following the original migration decision (2 or 3 yr award only). Are DWP really intending to regularly re-assess PIP claimants into their 70s, 80s, 90s etc?
have run several appeals specifically on the length of PIP award - life long conditions (i.e. pre-lingual deafness) where indefinite award under DLA but fixed term only (at an appropriate rate) following migration to PIP - award period without end allowed in every case.
In several of those case clients were aged 65+ and the decision was actually a PIP re-assessment decision following the original migration decision (2 or 3 yr award only). Are DWP really intending to regularly re-assess PIP claimants into their 70s, 80s, 90s etc?
Hopefully not Peter, although this announcement got a bit lost at the bottom of another piece of news.
the Secretary of State also announced that the ‘light touch’ 10 year review policy, which is in place for new claimants of personal independence payment who require the highest level of support, will be extended to existing claims.
DWP launches new Intensive Personalised Employment Support programme
I have that hypothetical case right now :)
have run several appeals specifically on the length of PIP award
Well, point taken!
In several of those case clients were aged 65+ and the decision was actually a PIP re-assessment decision following the original migration decision (2 or 3 yr award only). Are DWP really intending to regularly re-assess PIP claimants into their 70s, 80s, 90s etc?
It would seem so. I have seen many indefinite High DLA awards for both components change to PIP Enhanced both components be given periods ranging from 3 to 5 years. One case of a 70 year old lady is looking at her 4th face to face assessment next year!
Written answer yesterday says the light touch process ‘has yet to be fully designed’ as ‘the first ones will not be due until 2023’.
[ Edited: 2 Jul 2019 at 01:29 pm by Daphne ]