DLA to PIP - DLA stoppage

I know there’s been a couple of previous threads (https://www.rightsnet.org.uk/forums/viewthread/10066/#46160) but wanted to check if there were any updates?

This is one where DLA to PIP is due to child turning 16 and confusion around an agreement that there’d be a paper based assessment, and then them ‘failing to attend’ a face to face assessment. PIP agreed that they had good cause not to attend, and are progressing the paper assessment.

DLA has not been put back into payment, and won’t be due to ‘departmental policy’ but they will backdate Has anyone had any success with getting DLA back in payment pending PIP, in a reasonable timescale?

Thanks

Yes, I have certainly had DLA re-instated without any problem in a couple of cases, just a fairly small delay after raising the issue

Good to hear. What was your tactic? Did you raise a complaint or try an MR route?

Extract from a statement by Sarah Newton the then Minister of State for Disabled People, Health and Work after the case law below. Suggesting it is dept policy to reinstate the DLA pending the PIP decision.

https://www.gov.uk/administrative-appeals-tribunal-decisions/om-v-secretary-of-state-for-work-and-pensions-pip-2017-ukut-458-aac

‘Furthermore, I would like to inform the House that the Department implemented another Upper Tribunal decision on 17th December and will commence a review exercise in the New Year.

This exercise regards the decision in OM which was handed down on the 23rd November 2017. This decision refers to DLA claimants transferring to PIP, who failed to attend or participate in their PIP consultations, and who had their DLA terminated as a result, but where, subsequently, DWP Decision Makers or Tribunals have decided the claimant had a ‘good reason’ for not attending or participating. The decision states that in these instances claimants’ DLA awards should be reinstated, until a final decision on their PIP claim, and back paid, as necessary. We accept that the same approach applies where claimants who failed to provide information or evidence were later found to have ‘good reason’ for the failure to comply.

The Department has been working at pace and taking the necessary steps required to implement the ruling. We expect around 4,600 people to gain as a result of this review exercise, all claimants who benefit from the Upper Tribunal decision will be notified by the Department’.

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-12-20/HCWS1224

DWP updated its policy in view of the OM decision so that it will reinstate DLA in these cases. See ADM Memo 24/18 at para 6-8. So the statement that this is in line with “Departmental policy” is false.

Rebecca Lough - 20 November 2019 04:10 PM

Good to hear. What was your tactic? Did you raise a complaint or try an MR route?

In both cases I only started to see clients when appeal papers had been received - simply wrote to DWP (copy added to appeal papers at HMCTS) and both were paid fairly quickly, without any further action needed

Thanks both - very helpful.