PIP - Failure to comply

Looking for a little help.

Have been advised by our Housing Benefit section that they are seeing quite a few applicants who have been refused PIP for the reason - Failure to comply.

I havent had a chance to speak to any of the applicants but does anyone know off the top of their head whether this is exactly how it sounds?
E.g. that they havent turned up to an assessment or returned something to the DWP?

And should we therefore be advising them to contact DWP to see if they can continue the application through ‘complying’?

Many thanks

I would definitely suggest so.

Regs 8 & 9 state that the DWP may require the claimant to provide information, attend consultation or take a telephone call and where these requirements are not complied with ‘a negative determination must be made’.

However 9(3) specifies that where relating to a consultation, written notification of the date, time and place must be sent 7 days in advance. (If this is applicable to any clients I would be asking the DWP to provide evidence this was complied with)

And furthermore, reg 10 states as follows:

“Matters to be taken into account in determining good reason in relation to regulations 8 and 9
10. The matters to be taken into account in determining whether C has good reason under regulation 8(3) or 9(2) include–
(a) C’s state of health at the relevant time; and
(b) the nature of any disability that C has.”

Which gives a lot of room to manoeuvre where a client has been unable to engage with the process for reaosns relating to their health/disability.

I have not come across any cases like this so would be interested if anybody has sought to challenge a decision like this yet?

PIP/Atos have ‘vulnerable customer’ safeguards in place to prevent claims being closed on this basis. It is my understanding that if notified during the initial call that the claimant has a MH condition, learning disability or cognitive impairment - they will be flagged as ‘vulnerable’ and the claim will not be closed immediately (not sure how long they will let it drag on for / what and how further contact will be made / further evidence sought, in such circs).

In my experience, PIP have actually been very accomodating where I have contacted them to advise of late return of forms etc. I’m unsure whether it would be so straight forward if a negative decision has actually been issued. If the lack of engagement is down to a health condition or disability then I would definitely suggest MR.

Have just noticed you are in S Glos and wondering if these may refer to DLA migration cases? If this is the case and DLA previously been paid for LD, MH etc. then I think it would certainly be open to challenge.

See paras 2.10 onwards of the assessment guide (@ https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/315970/pip-assessment-guide-mw-020614.pdf) which states:

2.10. Identifying claimants with additional support needs

2.10.1. It is recognised in PIP that claimants who have a mental health or behavioural condition, learning difficulty, developmental disorder or memory problems may not comply fully with the claims process due to a lack of mental capacity or insight – for example, not understanding or caring about the consequences of not returning a claim form. In PIP, these claimants are stated as having “additional support needs”. Elements of the PIP claims process have been adapted to provide further support for this group.

2.10.2. In relation to the assessment, claimants identified as having additional support needs and who do not return the claimant questionnaire (“How your disability affects you”) will not automatically be disallowed the benefit but will be referred to providers.

2.10.3. Many claimants with mental, intellectual or cognitive impairments will have no problems returning the questionnaire. Others will have support from a family member, carer, Community Psychiatric Nurse or other person who will usually ensure that the questionnaire is returned. However, this will not always be the case and this process ensures that such claimants are not unfairly penalised because of the impact of their impairment.

I’m not sure if this refusal of PIP due to failure to comply problem may be related to an issue I recently highlighted in the forum -

‘Atos announce it is deliberately overbooking appointments at its PIP assessment centres’
http://www.rightsnet.org.uk/forums/viewthread/7124/

Atos is justifying overbooking on the grounds that 25% of PIP claimants are failing to attend PIP assessments without giving any prior notice of this.

If someone fails to attend Atos then return their case to the DWP.

The DWP should then contact the claimant to ask if there was a ‘good reason’ why they failed to attend.

If the claimant does not respond or if good reason is not accepted the PIP claim will be disallowed.

As I said in my last post, if anyone has any feedback to give on this issue please do let me know either in the forum or @ .(JavaScript must be enabled to view this email address)

Thanks folks.

Tom, didnt think that there were any migration cases for our area as yet? Or have I missed something crucial

I have checked with our HB staff and they confirm that there has been no indication of LD/MH issues but they will pass me the details of the next one that comes up to investigate further.

Ken, that could be possible but again, no specific contact with the client so will do some digging with the next one.

miket - 10 October 2014 12:16 PM

Tom, didnt think that there were any migration cases for our area as yet? Or have I missed something crucial

My mistake. I’ve just been aware that certain GL postcodes had rolled out but on checking it seems to be GL16 which is not S Glos. Apologies!