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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP - change of circumstances form not returned - urgent

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Hi everyone

I have a client that before seeking advice contacted PIP to request a change of circumstances form.  They have now decided not to complete the form as the whole procedure will have a negative impact on their mental health. 

My concern is that as a change has been “reported” albeit prematurely, whether a form is returned or not, the DWP can review her entitlement.

Excerpt from CPAG “Note, however, that if, during the process of determination under regulation 11 of the PIP regulations, the Secretary of State requests information or evidence from the claimant or requires that s/he undertake an assessment, and the claimantwithoutgood cause fails to comply, the Secretary of State must make a ‘negative determination’ of the claimant’s entitlement.
Under the Decisions and Appeals regulations, this is a ground for a supersession of the award”

Do we have any choice?

Thank you

Elliot Kent
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Shelter

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Joined: 14 July 2014

The DWP jargon for these is “unplanned reviews”. The claimant’s phonecall instigates the review under reg 11 PIP regs. The form is then sent out under reg 8 and if it isn’t returned without good reason this results in the end of your PIP.

Simply deciding not to return the form is the worst possible course of action as this is highly likely to result in the award being ended. I have found that sometimes if you ring up the PIP helpline and ask nicely, they can “cancel” the review and the requirement to return the form and then entitlement continues as before.

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

I thought so - had a similar case before and we had to complete the form despite pleading with a case manager.

Thank you Elliot.