PIP (whole award took away from client)
I applied for PIP for one of my clients and she was awarded standard rate care, she has a number of severe chronic illnesses and her mobility is extremely poor.
I submitted an MRC (to ask that they relook at the mobility) and they have taken her whole award away from her and asked her to repay back the standard rate from Feb 2021 (award date) , so now has no pip award as they have reduced points.
I have submitted an appeal, has anyone else had this happen?
In my opinion the PIP already paid is not recoverable, as client did not fail to disclose anything, so that needs to be appealed as well maybe? If she is judged as misrepresenting herself and her care needs they may try and recover on that basis. That will be up to the SOS to prove though.
You told DWP you weren’t happy with decision, and wanted it changed.
They did so. Not what you wanted or particularly fair, but neither are the DWP unfortunately
ive had this a couple of times over the years, and there is always a slight risk to existing awards if challenged.
It is a risk but presumably the 2 decion has been chma
As above, there is always a risk of this happening and clients must be advised accordingly. It is fairly rare for an award to be removed like this though. I have seen points being removed without materially changing the outcome but I can’t recall anyone losing their whole award in the cases I’ve dealt with.
Are you sure that the DWP are actually requiring her to repay the PIP already paid? PIP overpayments are still covered by old recoverability rules so that, in broad terms, if your client has engaged with the process in good faith and the DWP has just made one decision and then changed its mind, the overpayment is not going to be recoverable.
Just to add, the DWP do need to make two decisions here, one regarding PIP entitlement and another separate one about the overpayment. The latter should set out the grounds under which they think they can recover the alleged overpayment and would need addressing separately to any appeal about PIP eligibility.