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PIP appeal ongoing - though client has made a new claim

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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We have a client who’s PIP refusal we’re currently appealing.

They’ve taken it upon themselves to make a new claim for PIP while waiting for the appeal.

The question is do they need to return the new form and will the appeal be treated as a set period up to the date of the new claim - or can she ignore the form and go ahead with the appeal as normal?

Thanks!

Elliot Kent
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The new claim turns the appeal into a “fixed period”. This is because, one way or another, the decision on the new claim will supersede the Tribunal’s decision.

If the new decision is better than, or the same as the Tribunal decision, then all is well. If the new decision is worse, you can ask for the new decision to be revised to reflect the Tribunal decision.

Your client can either return the form and follow both processes at once or they can ring the helpline and try to withdraw their claim. If they simply don’t return the form, then a negative determination will be made on the new claim which will still supersede the Tribunal’s decision.

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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Thanks, I assumed that would be the case.

Wanted to double check.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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You can withdraw the new claim.

bristol_1
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WRAMAS Bristol City Council

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Can I check I’ve understood this correctly in my client’s case? Friday brain :-/
PIP appeal unsuccessful, scoring 7 points for daily living. We have applied to UT arguing for 2 more points which would give SRDL.
In the meantime client has made a new PIP claim on basis of worsened health, which has been turned down, scoring 6 points for daily living.
If the UT appeal is eventually successful (either by setting aside the decision or following a rehearing), would the fact of the new PIP claim mean any award would have to made for a closed period, ending at the date of the new claim?

At #2 Elliot Kent’s reply says you can ask for the new decision to be revised to reflect the Tribunal decision - would this be an MR?
Is there therefore any merit to going down the route of MR and appeal on the new PIP claim?

Dan_Manville
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bristol_1 - 04 August 2017 03:46 PM

(either by setting aside the decision or following a rehearing), would the fact of the new PIP claim mean any award would have to made for a closed period, ending at the date of the new claim?

?

Yes

bristol_1 - 04 August 2017 03:46 PM

At #2 Elliot Kent’s reply says you can ask for the new decision to be revised to reflect the Tribunal decision - would this be an MR?

No; it would be a standard revision for ignorance of a material fact, i.e. that client was entitled to PIP anyway.

bristol_1 - 04 August 2017 03:46 PM

Is there therefore any merit to going down the route of MR and appeal on the new PIP claim?

If you think there’s merit in the claim you need to do the MR to keep it live; otherwise it will disappear and you’ll struggle to resurrect it if the UT & FtT eventually find in your client’s favour. 

 

bristol_1
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Great thank you