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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Change of circumstances during MR of original PIP decision

STM
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Benefits adviser, Royal British Legion

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Total Posts: 9

Joined: 14 December 2016

Hoping someone else has had experience of this and can give some guidance…

My client has recently been migrated to PIP from DLA (MRC/HRM). After assessment he has been awarded SR mobility and nothing for daily living. He has already requested a MR and is awaiting the outcome - this is the point at which he first came to us for advice.

He has advised that since his initial application and subsequent medical assessment his condition has deteriorated and that this can be supported by evidence from his GP. I am yet to have an appointment with him to explore this in detail, but if this does turn out to be the case what is the best way to approach things?

Obviously if he appeals the original decision the tribunal cannot take his subsequent deterioration into account. If he notifies of a change in circumstances now then his entire claim will be reviewed. If his award increases and he is happy with this would he simply withdraw the original appeal as the original decision would be superseded?

What about if his award stays the same or reduces? If he were to appeal the original decision and win then would this outcome immediately be superseded by the subsequent decision? If so would it be better to withdraw any appeal of the original decision and appeal the subsequent one? Or would we be appealing both?

Thanks

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Joined: 17 June 2010

First thing to look it is simply whether the deterioration would result in any more points for daily living than you have currently calculated an entitlement to. If not then there’s nothing else to discuss from my perspective.

Second thing would be that, if it would result in additional points, would they move them from standard to enhanced? Again, if not, then nothing to be done.

Thirdly, assuming there are additional points to be scored as a result of the deterioration, can it be pinned down to a date. Is the backwards test for those new points satisfied? Again, if not, nothing to be done.

Fourthly, a deterioration is largely irrelevant to the matter at hand which is an awaited MR for a past period. I would proceed with the MR, notify nothing but put in a new claim from when the backwards test is satisfied.