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Reclaim while awaiting PIP tribunal. What happens to this claim if it’s not decided before the tribunal makes an award?
Client reclaimed PIP while awaiting a tribunal.
Before the reclaim has been decided the tribunal has awarded low-rate-both through to 2024
What happens to the reclaim?
Is it somehow lapsed? Does it become a supersession request?
What are the relevant regulations?
Ta
:-)
DWP now say that they will treat the reclaim as a supersession request.
Bizarrely though, they have said that this cannot lead to a loss of PIP.
You should just be able to withdraw the new claim. They’re not bound to in any way, but I’ve withdrawn many an ill judged supersession request before.
DWP now say that they will treat the reclaim as a supersession request.
Bizarrely though, they have said that this cannot lead to a loss of PIP.
Well, that’s true to the extent that the claim will continue while they deal with the supersession and until they (justifiably or not) decide he isn’t entitled.
Was your client’s health worse at the date of claim/supersession request, and worse enough to warrant an increase to his award?
Otherwise I’d try to withdraw the claim/request.
I can’t say whether we were successful in the case I linked earlier - sadly his health deteriorated and we can’t contact him.
I agree, but with the caution that an application by the claimant is not the only ground for a superseding decision. DWP could say that the information in the new claim has prompted them to conduct a review and reduce points/end PIP (or increase it to be fair): even if the “claim” is withdrawn, DWP might say they cannot unsee what was in it.
Thank you all.
I’m aware that this thread is now otiose, but nonetheless I’m interested in picking at this topic.
I think that the point made by HB anorak is the key:
The SoS may supersede a decision “either on an application made for the purpose or on his own initiative”.
And since the re-claim is not “an application made for the purpose” of triggering a supersession, the fact that it has done so must be the SoS acting “on his own initiative”.
And so, it is not be possible to withdraw the supersession request, because there isn’t one.
:-)
.