Assessment without PIP2

Client had severe stroke last Oct, been in hospital ever since, to be discharged fairly soon. Made t/phone claim for PIP with my help.  PIP2 was sent to his last address, but he could not get it as he had given up the tenancy and landlord was uncooperative. No friends/relatives to help. DWP would not send another PIP2 to me or to the hospital as at that time he had not changed his address to the hospital. I wrote to DWP to explain this, and enclosed a letter signed by the client giving all the info the form normally collects, plus medical evidence. DWP have now refused PIP as client did not return PIP2. Is this automatic grounds for refusal or can they do assessment on other evidence? CPAG p737 is not entirely clear to me. Client does not have a mental or cognitive impairmant. I have put in a recon request and offered to complete a PIP2 with the client if the DWP sends one to the hospital, which is now his registered address with them.

ADM ch. P2

Failure to comply

P2056 Failure to comply with the request for information without good reason shall result in a negative determination1 of the component(s) to which the failure is related (see P2056)

P2057 A negative determination1 means a determination that a person does not meet the requirements of the daily living component or the mobility component.

Good reason

P2058 To determine if the claimant has good reason1 for non compliance to either provide the information required or participate in a consultation, then the DM should consider

1. the state of the claimant’s health at the relevant time and

2. the nature of any disability the claimant has.

These circumstances for considering good reason are not exhaustive, but see ADM Chapter P6 – Good Reason for more guidance.

Ch. P6:

P6002 Good reason is not defined in legislation. DMs should take into account all relevant information about the claimant’s individual circumstances; their reasons for any failures, actions or omissions when considering whether any failure, act or omission results in a negative determination being given for PIP. Matters to be taken into account should include the claimant’s health at the relevant time and the nature of any disability.

P6003 Claimants have the opportunity to explain why they have not complied with requirements but it will remain the responsibility of the claimant to show good reason for any failure, act or omission and provide information and evidence as appropriate to explain why they have not complied.

Perhaps this helps.