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Can PIP claim be withdrawn?
Client 61 years old currently gets DLA and medical condition has deteriorated. He correctly claimed PIP by phone as he lives in a natural reassessment area and has got the PIP2 form. He is now having second thoughts due to the risk of ending up worse off. Can he just call or write to the DWP to withdraw the PIP claim? Would the claim lapse if he simply did not return the PIP2? Or is the PIP claim unstoppable? Many thanks
I have managed to get a claim withdrawn under similar circumstances, but only on one occasion, by a timely phonecall to PIP. However, I fear this may have been the “exception that proves the rule”, as my understanding is that the PIP claim is usually unstoppable once the PIP2 has been issued.
Whichever way you look he is locked in unless you can show that the change in circs would not have led a reasonable person to think that the notified change would lead to a change of component on the DLA award.
If he signals an intention not to claim or simply doesn’t return the PIP2 it will extinguish the DLA award.
[ Edited: 29 Jul 2015 at 09:13 am by Dan_Manville ]In the present case it does seem unstoppable. And even if he was successful in persuading a tribunal that the Pip process was invalid, there seems nothing preventing the DWP subsequently inviting him on its own initiative under Reg 3(1) PIP (Trans) Regs 2013 to claim PIP afresh. For instance, there doesn’t seem to be any published criteria governing when it’s your turn to be converted from DLA to Pip. That being the case who’s to say “upsetting the DWP” isn’t one of the criteria?