Is a refused PIP claim ‘live’ !!

Quick question which seems ridiculous to be asking.

Client (non-DS1500) claims PIP, form returned in February 2 days late of the deadline. Following routine progress call from CAB we find out DWP didn’t receive form, agreed to send photocopy and detailed good cause reasons for lateness. A couple of days before DWP receive photocopy DM closes claim for non-return of PIP2.

MR lodged against closure of claim - this is pending.

Now client has DS1500, we attempt to make new PIP claim - DWP refuse to take claim as client ‘has an existing PIP claim’.  The DWP are adamant that the old PIP claim is ‘live’ whilst MR is ongoing.

Naturally we wish to challenge the DWP position but are not in office with regs…. would some oblige please :)

If they are saying claim is live then supersession of current claim - change of circs?

They have to accept either a new claim or a supersession.

Hi Daphne,

My thoughts exactly and we will argue…. if claim is live then supersession, if claim is dead then new claim.

However as they are saying that you cannot submit a new claim for PIP if you have submitted a MR against a nil entitlement decision (they say this is based on regulations - but helpfully could not quote them) I wanted to counter this with regs to say the opposite etc.

Or is this more ‘guidance’ and becoming a theme?

I think they are getting mixed up with the rule that says that you cannot make a new claim for PIP if a claim for DLA is still pending or being reconsidered (reg 6 of PIP Transitional Regs).

I just had a quick look at the Regs and the DWP Guidance, and can’t see anything saying that a new PIP claim cannot be made if a MR on a previous PIP claim is still pending.

Surely the onus is on the DWP to say what the regulation is, if they are using it as a basis for refusing to accept the claim?