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

DLA/ PIP extension discretionary rules

Robbie
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Welfare benefits/ Brixton Advice Centre

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Total Posts: 2

Joined: 13 April 2021

Hi there,

Can someone point me towards the DLA/PIP regulations surrounding ‘discretion to extend’ awards?

I’m looking to do an MR based on these but couldn’t find anything in my reference books/online.

Thanks

Elliot Kent
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Shelter

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Joined: 14 July 2014

There is no discretion to extend a PIP award at least.

There is an argument that a PIP award can be extended by virtue of a supersession for change of circumstances under reg 23 D&A Regs 2013 where the “change of circumstances” is that nothing has changed but the claimants circumstances have continued beyond their anticipated end. This draws some support from the case PH v SSWP (DLA) [2013] UKUT 268 (AAC)

Robbie
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Welfare benefits/ Brixton Advice Centre

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Total Posts: 2

Joined: 13 April 2021

Thanks for your reply.

My colleague had mentioned there were regulations/ guidance published that, during Covid-19, DWP has discretion to extend awards when they would normally come to an end. Is that not right?

My client is a child on DLA with mother who is also severely disabled and also was in hospital with Covid herself. DLA was extended once but has now ended due to them not sending the form back. I’m looking to argue they had discretion to extend again given the circumstances.