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Extension of awards
I am 95% sure of this but thought I’d check.
There was discussion of the mechanism used to extend PIP awards many moons ago and as I recall (I haven’t tried to look for it) we concluded they could revise the period of the award.
But that wouldn’t work for a Tribunal decision which they can only supersede on limited grounds.
I’ve got a Tribunal award that’s just expired and I don’t think they can revise it.
DWP has never quite explained what the legislative basis for the extensions they have been doing is, but the best argument is that they are supersessions for change of circs based on reg 23 D&A - the change of circumstances being related to changes in the world rather than changes in the condition. I think at one point the DWP thought that they were revisions and therefore could not be used for tribunal decisions but they seem to have backed off from that argument.
My colleague has just mentioned to me that we have someone today who last year had an award determined at tribunal. The award ends in two weeks time and the client has made a new claim around 6 weeks ago and PIP2 has gone back. My colleague has been on to the PIP helpline today and can’t get an explanation as why this award can’t be extended and not eligible for the extensions that other people are getting. So potentially there is going to be a period in December when this person loses SDP in ESA and Enhanced Rate PIP without the PIP helpline being able to give a clear explanation why an extension is not suitable in this case.
My colleague has just mentioned to me that we have someone today who last year had an award determined at tribunal. The award ends in two weeks time and the client has made a new claim around 6 weeks ago and PIP2 has gone back. My colleague has been on to the PIP helpline today and can’t get an explanation as why this award can’t be extended and not eligible for the extensions that other people are getting. So potentially there is going to be a period in December when this person loses SDP in ESA and Enhanced Rate PIP without the PIP helpline being able to give a clear explanation why an extension is not suitable in this case.
That’s exactly my clients’ situation.