Discussion: PIPS Claims where a claimant is unable or unwilling to make the initial call

19 August 2014, 10:42 am

Pete C
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Pete at CAB

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I have a client who, by virtue of a mental health condition, is unable to get through the initial call, the client gets very angry and distressed and the PIPS people seem to just hang up.

Reg11(1) of the claims and payments Regs seem to indicate that a claim can be made in any of three ways, by phoneing the DWP, by the DWP phoning the claimant and in writing on a form but it also seems to say that the DM has some discretion about which method is used. It seems to fall short of placing a clear duty on the DWP to provide a form on request.

The DMG/Advice for DMs seems to say that unless someone is asssessed as needing an appointee then they must make the claim for themselves.

Can the DWP be compelled to just send out a form and if so under what legislation? I’d like to prepare a letter with the claimant to ask for a form and it would helpful if I could quote the legislation , if it exists

thanks

19 August 2014, 01:31 pm #1

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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is this of any help? (code of guidance for good practice on implementing the equalities act)

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19 August 2014, 02:38 pm #2

S.Murphy
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Area benefit officer - Kent County Council Social Services

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From gov.uk PIP’s page. how to claim - https://www.gov.uk/pip/how-to-claim

” You can also write asking for a form to send the above information by post (this can delay the decision on your claim).

Personal Independence Payment New Claims
Post Handling Site B
Wolverhampton
WV99 1AH “

It’s a PIP1 one that the client needs to request - you should include NiNo and DoB in the letter requesting the PIP1. Either send it with a covering letter from yourself explaining circumstances or have the letter requesting the PIP1 countersigned by the claimant.

Last I heard from our DWP partnership officer was that failed telephone claims for clearly vulnerable claimants were supposed to prompt a DWP visiting team referral to help with the PIP1 in person but I guess they may have H&S concerns if the claimant has come across as angry on the phone.

19 August 2014, 04:00 pm #3

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Sounds like indirect discrimination to me…

I’d ring Civil Legal Advice on 0345 345 4 345

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28 August 2014, 10:20 am #4

Geri-G
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Welfare reform team - North Ayrshire Council

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I have had to go out to my very vulnerable ones and help them make that initial call. Which is a nightmare on my time, when all I had to do at DLA was get them to send the form out to my client, but I would rather not have to.