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Forum Home  →  Discussion  →  Covid-19: Welfare benefit issues  →  Thread

PIP - automatic extensions

Greeny
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Salford Welfare Rights (Health)

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I’m inundated with requests to support patients with PIP renewals - it’s very hit and miss to who gets the automatic extensions.
Anyone know why / who / how I can get my clients who mainly have severe and enduring poor mental health on this list.. It’s not just people who won last award at Tribunal either.

Paul Stockton
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Epping Forest CAB

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This is worrying. I thought it was clear that extensions are automatic, including those where the tribunal made the decision. See this, from May. Hs it changed?
https://www.rightsnet.org.uk/welfare-rights/news/item/minister-confirms-that-short-fixed-term-awards-of-pip-that-were-due-to-expire-will-be-automatically-extended-for-six-months

Greeny
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Salford Welfare Rights (Health)

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Paus17 - 03 November 2020 03:40 PM

This is worrying. I thought it was clear that extensions are automatic, including those where the tribunal made the decision. See this, from May. Hs it changed?
https://www.rightsnet.org.uk/welfare-rights/news/item/minister-confirms-that-short-fixed-term-awards-of-pip-that-were-due-to-expire-will-be-automatically-extended-for-six-months

I have had a few extended without any intervention (as far as I am aware) for 9 months - most recently in Sept 20 but this week is getting a little exhausting (it’s only Tuesday) with emails from CMHT asking me to contact patients who have PIP forms to complete.

I have been having signed forms posted to me at home (from health staff) or I have collected from CMHT building which has remained open which I know is more than others have bene able to do. It seems the review forms still have to be returned regardless of the extension.

[ Edited: 3 Nov 2020 at 04:02 pm by Greeny ]
BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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PIP seems to be in love with sending out forms at the moment, I had 5 in one day last week. I recently helped someone who had recovered from illness try to end their PIP claim, she was told that she would have to fill out another PIP2 to do so…  Even when awards are extended people are still being sent review forms and told they have to complete them - https://www.rightsnet.org.uk/forums/viewthread/16688/

Mairi
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Welfare rights officer - Dunedin Canmore Housing Association

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BC Welfare Rights - 03 November 2020 05:04 PM

Even when awards are extended people are still being sent review forms and told they have to complete them - https://www.rightsnet.org.uk/forums/viewthread/16688/

I’m explaining to claimants that their review form is needed back despite extension of award because it’s likely to take a number of months for the rest of the review process (HCP assessment, etc) to be completed.  So far, I’ve not had any issues getting extensions for returning forms when required - except for the 45 + minutes on hold to request it.

Dan Manville
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Greater Manchester Law Centre

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It’s changed; they’re deciding extensions on a case by case basis. They are trying to do as many paper based reviews as possible and about 60% of reviews are being conducted without referral to the AP.

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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On 11/01/21 Justin Tomlinson replied to a written question (https://questions-statements.parliament.uk/written-questions/detail/2021-01-06/134179):

“The Department has been automatically extending awards of Personal Independence Payment (PIP) for decisions which have an award review scheduled, including decisions made following a First Tier Tribunal hearing. This action has been taken in order to provide continuity of payments for claimants whose award review is delayed as a result of Covid-19.”

On 28/01/21 DWP replied to judicial review pre-action correspondence sent by Citizens Advice St Albans District (CASTAD) accepting the above stated position to be correct in respect of a fixed term FTT award. 

There is now a CPAG judicial review pre-action template available to use to ask for the same, JR100 on this page:  https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/delays-decision-making

We would be grateful if you would share any responses to this letter with us by emailing .(JavaScript must be enabled to view this email address) (and the template says it will shared with CPAG).

I hope it’s useful.

JP 007
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Welfare rights - Dundee City Council

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Client awarded PIP sdl at appeal with end date Jan 2021
He made new claim as instructed and was eventually sent a PIP2 due 30th November 2020. Duly completed by us and returned but still PIP stopped. MP then intervention got following;

I can see that Mr XXXXXXXXs PIP benefit award was awarded until 2 January 2021
Unfortunately, we are unable to extend PIP benefit awards where a short term award was made at Tribunal by HM Courts and Tribunal Services (HMCTS).  This is because your constituent’s award will be ending and he is required to submit a new application for PIP benefit .I   can   confirm   that   we   received   your   constituent’s   PIP2   questionnaire   on   23November 2020, and we referred Mr XXXXXXXX’s case to our healthcare provider to arrange a medical assessment appointment.  I contacted them to request an update on your behalf.  Independent Assessment Services (IAS)  the provider in your constituent’s case have confirmed that they have made a telephone appointment for25 January 2021 at 08:30am.  This is the earliest appointment available and they confirmed that they will send a letter to your constituent and a reminder text message closer to the appointment date.  Please advise Mr XXXXXXXX that he will have the opportunity to change this date/time should this not be convenient.  Following this consultation, a report will be prepared and returned to DWP.  A PIP case   manager   will   then   look   again   at all   evidence   held   on   file   alongside   the assessment report to determine whether a further award of PIP benefit can be made. I will ensure that this decision is expedited and a letter will be sent to your constituent informing him of the full reasons for our decision.
I hope we have addressed your concerns, however, if you would like to discuss the content of this letter please telephone   02920   291155 and we   will   arrange   for someone to return your call.
Yours sincerely,
Vikki Ward
Complaints Resolution ManagerDWP Complaints Team

Client has learning difficulties and difficult to contact but I am trying to confirm last payment date with him.
A good care for the JR?

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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Hi, apologies for the delay. Yes. If this matter has not already been resolved, please use template JR100 available on this page: https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/personal-independence-payments. All responses so far have included that an assessment has now been carried out.

JP 007
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Welfare rights - Dundee City Council

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I have completed the pre-action letter and he has had an assessment. I will update on reply to the link provided.
Many thanks for this.

JP 007
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Welfare rights - Dundee City Council

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Received my response from JR pre action template I completed.
Seems to imply extensions were only given from March - October 2020 renewals.

Client now assessed and refused.
My client has now been assessed and was refused PIP award at end February but he would not have been in this position if they had given him sufficient time to renew or an extension. The same lockdown restrictions were re imposed after October 2020 making the extension limit pointless.

. I have already asked for MR on decision to refuse new PIP claim.

Jo_Smith
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Citizens Advice Hillingdon

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JP 007 - 08 March 2021 11:56 AM

Received my response from JR pre action template I completed.
Seems to imply extensions were only given from March - October 2020 renewals.

I was trying to find any sources for this October 2020 deadline. Couldn’t find any.
Where does it come from?

JP 007
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Welfare rights - Dundee City Council

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Jo_Smith - 11 March 2021 04:14 PM
JP 007 - 08 March 2021 11:56 AM

Received my response from JR pre action template I completed.
Seems to imply extensions were only given from March - October 2020 renewals.

I was trying to find any sources for this October 2020 deadline. Couldn’t find any.
Where does it come from?

I got it from here;

As you will be aware, the Department gave extensions for all fixed term awards ending between 24 March 2020 and 2 October 2020, on its understanding of the COVID situation as it existed at the time. The policy as it applied after 2 October 2020 (again, on the basis of the COVID situation at the time) in relation to Tribunal awards where there is less than 2 years to run from the date the Tribunal decision is promulgated (where there is no award review scheduled) has been to invite advance claims.
The Department believed at the relevant time that the above policy would be sufficient to prevent claimants whose fixed term awards were not extended, from falling out of payment. However, it has recently become aware that some claimants are falling out of payment before their advance claims have been decided.
It is the ongoing, and rapidly fluctuating, COVID situation (including a reduction of assessment capacity) that has hampered the Department’s ability to decide all advance claims before a fixed term award ends. The policy as it applied at 2 October 2020 was made before the impact of the changing COVID situation was known. Therefore, now that the Department is aware of the issue, it is urgently currently considering various policy and handling options, with the intention of rectifying the issue. As you may appreciate, the impact of COVID on assessment capacity is a complex subject with many interdependencies, and therefore a range of possible solutions (including but not limited to award extensions) needs to be considered.
You will be aware that the Claimant made an advance claim. Following an Assessment Provider report, a decision was made on 23 February 2021 to disallow that claim. The issue of extending the award therefore no longer arises.

4. ADR proposals
The DWP does not consider there is scope for meaningful ADR at this time.

I trust this serves as a satisfactory response to the letter before action you have sent. Please contact me if you have any queries.

Yours sincerely

Andrew Jack
Senior Lawyer
Department for Work and Pensions Legal Advisers
Government Legal Department

AnnieG22
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Redcar and Cleveland Borough Council

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Hi,

I have had a case today that I would appreciate some guidance on. My Client applied for PIP and was declined. She appealed at was awarded PIP by HMCTS in August 2020.

In September she received a letter from DWP saying her award would be extended until Jan 2022.

In October 2020 she received the decision notice from DWP and HMCTS confirming the award made in August 2020 and that the award was made by HMCTS until April 21. (She didn’t actually rec. payment until December - clerical delay!)

Her PIP has now stopped, she has not had any correspondence in-between, because the decision was in August we assumed the extension would apply.

I have spoken to DWP today and was advised because the award notice and decision notice were not issued until October the end date of April 21 stands and not the extension. The advice was to make a new claim.

I have looked at the JR template letter and the information on this thread and I am not sure if the extension should have applied or not and if JR is the right way forward.

Any help would be great

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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Hi Annie,

Please get in touch at .(JavaScript must be enabled to view this email address).  Yes, she should make a new claim, but CPAG may also be able to contact the DWP’s legal team on her behalf.

Jess

AnnieG22 - 18 May 2021 01:28 PM

Hi,

I have had a case today that I would appreciate some guidance on. My Client applied for PIP and was declined. She appealed at was awarded PIP by HMCTS in August 2020.

In September she received a letter from DWP saying her award would be extended until Jan 2022.

In October 2020 she received the decision notice from DWP and HMCTS confirming the award made in August 2020 and that the award was made by HMCTS until April 21. (She didn’t actually rec. payment until December - clerical delay!)

Her PIP has now stopped, she has not had any correspondence in-between, because the decision was in August we assumed the extension would apply.

I have spoken to DWP today and was advised because the award notice and decision notice were not issued until October the end date of April 21 stands and not the extension. The advice was to make a new claim.

I have looked at the JR template letter and the information on this thread and I am not sure if the extension should have applied or not and if JR is the right way forward.

Any help would be great