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PIP suspended or ended during a period in prison
I have a client who was in receipt of PIP up until the point he was sent to prison (total time in prison 3 years) - he has just been released and I can’t find any information on whether he needs to make a new claim (as his PIP ended when he entered prison) or can ask for it to be re-instated (ie it was only suspended) now he has been released?
Next issue he has is that his Mother was his appointee before his sentence - will this still be the case - ie will I need to get her removed as his appointee before I can do anything?
Finally, he was also in the ESA support group previously, so does he automatically qualify for LCWRA within his new UC claim? (He’s not entitled to SDP as living with someone).
Any advice gratefully received.
Thanks
https://www.gov.uk/benefits-and-prison/benefits-that-stop-or-are-suspended appears to say entitlement ends and therefore a new claim would be required.
However https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810650/admp4.pdf says payment is suspended, not that the claim ends.
P4002 When a person is in prison or detained in legal custody, for either criminal or civil offences, PIP is affected. Unless P4003 – P4007 applies, no amount in respect of PIP daily living component and mobility component is payable in respect of a claimant whilst they are undergoing imprisonment or detention in legal custody. (Please note that persons released on licence are not classed as in legal custody but persons released on temporary licence are still deemed to be in legal custody. See ADM Chapter E3 for more detail.)
What was the end date on the pre-existing award anyway. If the end date has passed while in prison then that award no longer exists and payment cannot be resumed.
Thanks for this, client believed it was 10 years, but had no evidence to confirm. Have decided to contact PIP helpline to confirm clients status to clarify.