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Definition of “claimed entitlement to” PIP, for carer’s IS
We assisted a client with a PIP2 form, and advised that she suggest her relative, who at that point had no income, could start a claim for IS on the grounds of caring for someone who is waiting to hear about a PIP decision (Sch 1B para 4(a)(iii) IS regs). We warned that DWP may wrongly say you need to be on CA to claim IS, but we have now learned that the relative was nevertheless put off making the claim.
The PIP2 should have been received by DWP just before the date that we switched to full UC. It is now too late to start an IS claim, so the relative has missed out on getting onto IS.
Before we decide what to do next, can I just confirm: did our client meet the conditions of having “claimed entitlement to” PIP at the right time? (basically, I’m checking that you don’t need to have complied with any medical assessment before a carer’s IS can start)
That’s certainly my understanding.
I don’t think you have to have even completed the PIP2 form. Surely once you have made the initial phone call to log your claim then you have made a claim and can be considered to be awaiting a decision.
As per Victor- as soon as PIP claim initiated via phone call , my (carer) client’s have then made claim to IS -never had a problem with this so far
Also, for completeness, reg. 9 PIP Regs provides for no more than a claimant may be required to take part in a face-to-face or telephone consultation or both. And there’s no amendments to the C&P Regs to provide for a PIP claim only having been made at the point the claimant has had a consultation. And I have a couple of clients who’ve been awarded PIP (and this cannot possibly have happened without a claim) without ever having been invited to any form form of consultation - awards made solely on ‘scrutiny’/Medical Services opinion of the evidence supplied with the PIP2 - and no, they’re not ‘special rules’ cases, either.
Thank you all.
In this case the relative is 17, so as I read UC regs 8 and 30, there is no UC entitlement either, until PIP is in place.
(So I guess we’re looking at a maladministration complaint, unless the recording of the call somehow shows something amounting to an actual IS claim.)