PIP renewal extensions

I am referring to this article: https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-confirms-it-is-increasing-the-automatic-extension-period-for-existing-pip-awards-awaiting-review-from-three-months-to-up-to-12-months

Does it apply also to claims which were awarded by a Tribunal? Or does client, whose PIP claim is due to end mid-Feb, needs to call the helpline and request a new, standard PIP2 (rather than the renewal version)?

Thank you

Any ideas, please? I am struggling to find an answer.

It doesn’t say anything about not applying to tribunal decisions, so I assume it applies to them.

There was at one time, in relation to the covid-related PIP extensions, some uncertainty as to which legal power was used to extend the awards and whether that power was available in relation to tribunal decisions, because it is not open to the DWP to revise a decision of the FtT. However it seems to have been accepted now that they are able to extend an award on the basis of a change of circumstances insofar ‘administrative difficulties’ is a sufficient change of circumstances to permit a superseding decision limited to making the same award for a further period. FtT decisions can be superseded in this way so there is no longer any need to discriminate between SSWP and FtT decisions.

That said, it is probably not the worst idea in the world for a claimant in this position to protect themselves by making an advance claim before their award runs out rather than relying on the DWP systems to operate correctly.

Thank you. That’s it- I had it in the back of my mind that if the claim was decided by the Tribunal, there were some difficulties with renewal and extension.
I did advise client to call the PIP helpline but I was unhappy that I couldn’t advise him further. So thanks for scratching that itch, Elliot 😊

I have a client who was awarded PIP at a tribunal, award is due to run out 29 July 2023, she called PIP as has not received a review form and she hasn’t received a letter extending the award.  Was told on the PIP enquiry line that she wouldn’t get a review form as it was awarded via a tribunal and that she should make a new claim to make sure it was done in time.  When she called the claim line they said to wait until Jan/Feb to make a new claim.
Any ideas on what should actually happen in this case?  I thought that it no longer mattered whether the award was via a tribunal or not?

As per the guidance linked above:

‘... we will automatically be extending existing claims awaiting review by up to 12 months and will do this 35 days before their end date.

There are more than seven months to run on your client’s award so there is no expectation that any extension would have been put in place yet.

The safest advice is still to make a renewal claim, as this covers off the possibility of the extension not going ahead for whatever reason, however this is only possible three months before the award ends.

I think that what has happened in this case is that you and your client have rung up the helpline twice and had two helpline operators offering a blag at what the answer might be based on some half remembered guidance which is why I would generally try to discourage this sort of call.

Elliot Kent - 21 December 2022 12:16 PM

The safest advice is still to make a renewal claim, as this covers off the possibility of the extension not going ahead for whatever reason, however this is only possible three months before the award ends.

6 months before the award ends isn’t it? - Reg 33(2) https://www.legislation.gov.uk/uksi/2013/380/regulation/33 Hence why they are saying to reclaim in January/February.

In my experience this whole renewal or not renewal business is completely haphazard; sometimes they insist they can’t renew tribunal awards (although they do extend them), other times they just go ahead and renew them. Neither is the guidance around what constitutes a short term award or a long term award, hence whether it is renewed or not, always followed either.

Yes that’s right, I am muddling up with the advance award time.