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PIPS Claim made in error
Client has some literacy issues,. He had a standard letter to say that DLA was stopping and at some point in the future he would be asked to claim PIPS instead.
Due to the literacy issues he mis read this to mean that he would have to claim PIPS right away and has started a PIPS claim, (has had a PIPS2 issued to him).
Firstly is this widespread problem, have others come acros these unecessary PIPS claims?
Secondly does he have to now complete the PIPS claim or lose his DLA or can he opt to remain on his DLA until he gets a notice to claim PIPS under Reg 3 of the Transitional provisions Regs.?
I can see from other threads on the site that there are some debates about this but I’m not sure if this particular person could reasonably be described as a ‘voluntary transfer’ claimant as he did not claim in order to increase his award after a change of circumstances, he felt he had been instructed by the DWP to make the claim regardless of whether his condition had changed or not.
The client has an idefinite award of HRC so he is, understandably, not keen to do anything that would threaten this award unless or until he is forced to do so..
Any thoughts gratefully recieved.
This earlier thread has a similar discussion:
http://www.rightsnet.org.uk/forums/viewthread/7747/