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PIP Being Awarded WITHOUT a Claim Form Being Completed.

DM128
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The Royal British Legion

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Has anyone had PIP awarded without a claim form being completed. I was informed last week that someone we were helping had been contacted by Capita 6 weeks ago for his PIP Assessment. This was done over the phone and he was informed yesterday that he had been awarded S/R DL&M for 3 years. The problem is that he did not complete the PIP claim form. He rang up to make a claim but never completed the application.

This is the same as someone else who had his Capita assessment 2 weeks ago and is waiting for the decision but again, never completed the PIP claim form.

Anyone had the same?

Both of these are in the same area (Leicestershire)

[ Edited: 10 Dec 2020 at 11:02 am by DM128 ]
AlexJ
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Trafford Welfare Rights

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Yes I’ve come across this a couple of times. Apparently when they have a ‘vulnerability marker’ on the claim (I think that’s what they called it), which is put on the system when the claimant initially makes the call, they can waive the requirement to return the form (at least in some cases) and will just refer straight for an assessment.

I had a client who had told the DWP about literacy problems in the initial call, she also has MH issues, she then failed to return the form. I called the DWP to explain this and they said ‘it’s OK, we can see from the initial call that she’s vulnerable and we’ve waived the requirement and referred it straight for an assessment’. On the one hand, it’s good that the DWP are cutting people some slack, but on the other hand, there is a risk that you deny the vulnerable the opportunity to explain their needs.

DM128
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Many thanks for the information

Elliot Kent
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Pedantry, but I think it is worth saying that the PIP2 isn’t a claim form - the claim is made over the phone and the PIP2 is a request for information under reg 8 PIP regs. This is significant in that there is no legal requirement for a PIP2 to be requested and the DWP are entitled to waive the requirement. C.f. DLA and AA where the claim isn’t made until the form is returned so they could not adopt the same shortcut.

nevip
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In the DLA context, it is worth remembering that prior to the more modern DLA form, the DLA claim pack originally comprised three forms.  The first form was the initial claim form (the equivalent of PIP1) and there were separate forms, one each for the care and mobility components.  The return of the DLA (PIP1 equivalent) only was sufficient to constitute a legal claim irrespective of whether the other two forms were returned or not.  Later the care and mobility components were merged into one form in a two form claim pack until one claim form eventually replaced both earlier versions.

DM128
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Elliot Kent - 10 December 2020 02:54 PM

Pedantry, but I think it is worth saying that the PIP2 isn’t a claim form - the claim is made over the phone and the PIP2 is a request for information under reg 8 PIP regs. This is significant in that there is no legal requirement for a PIP2 to be requested and the DWP are entitled to waive the requirement. C.f. DLA and AA where the claim isn’t made until the form is returned so they could not adopt the same shortcut.

Thank you for the information.

So when the DWP write to the C stating that they have not received the form back they should still go ahead with the assessment. Not refuse the claim because no form has been returned?

Elliot Kent
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If the form isn’t returned and the claimant doesn’t have a good reason for this, the claim can be refused. This is a decision which can be challenged on MR/appeal etc.

DM128
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Elliot Kent - 11 December 2020 09:17 AM

If the form isn’t returned and the claimant doesn’t have a good reason for this, the claim can be refused. This is a decision which can be challenged on MR/appeal etc.

Thanks Elliot

So what your saying is that if the DWP send you a form then it has to be returned and completed for an assessment. However if they don’t send you a form then it would go straight to the assessment.

I understood that you said that you don’t have to complete the PIP2 as the claim is made when you ring up. So if that’s the case then every claim could possibly go straight to assessment without the need to complete the form

Elliot Kent
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You make the claim on the phone (or more rarely on the clerical PIP1) and then its up to the DWP to decide what they want to do in terms of investigating your entitlement. They can, but don’t have to, require you to fill in a form. They can, but don’t have to, require you to attend an assessment. If you are required to do one or both of these things and you don’t comply, then your claim can be refused unless you have a good reason not to do it.

Va1der
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More accurately, DWP can chose not to send the PIP2 form, but if they do the claimant must fill and return it (or have a valid reason not to).

I generally try to impress 2 things on my clients: 1) Comply with DWP (seek prior advice if you need to), and 2) If you’ve failed to comply, there is usually a remedial action that can be taken.

EDIT: not ‘more accurately’ to what Elliot said - aimed at DM128 :)

Pete at CAB
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There may be some precedent for this, I seem to recall DLA forms (many years ago) having a tick box saying’ I don’t want to fill in the form, please send someone to assess me’

BC Welfare Rights
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There’s some guidance around processes here but it is nearly 6 years old so don’t necessarily rely on it. Probably time for a new FOI request to see what has been changed and updated
https://www.rightsnet.org.uk/forums/viewthread/7572/

VLMS
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I am in a similar situation - a client has requested a PIP 2 form which DWP says has been sent out twice but they have never arrived with the client - this was back in September. The client has now had a letter from Capita advising that there will be a telephone assessment on 22.12.20! We are very confused about what to do - should we go ahead with the assessment?  Another PIP2 has been requested by the client but yet to arrive. You would think the claim would fail as the PIP2 has not been returned?

Jim Dickinson
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I had a client that was recently awarded High DL and Mob for 10 years. I had asked for 3 extensions for him as he was in and out of hospital and unable to complete the form. I did keep them up to date with what was happening but provided no medical evidence. (originally claimed under special rules but claim was turned down, I agreed with this decision)

He received a phone call and assessment and was notified by phone very quickly after of his award which included almost a year backdating.

Note: Not Jim - Emma Citizens Advice