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PIP non return of PIP2 - valid claim?
If someone starts PIP and does not return PIP2 form have they made a valid claim and will there be a disallowance decision?
Why I’m asking is claimant has an appeal pending for PIP and has also started new claim for PIP (dubious if anything has changed since refusal decision of appeal claim) and unsure of implications of not going ahead with new claim?
thanks
Linda
Bump.
Exactly same situation - client has decided does not particularly want to make new claim as has appeal ongoing, but has already phoned up for PIP2.
If she just leaves it, will a valid claim have been made (and refused) giving an end date for a potential fixed term award by tribunal?
The claim for PIP is made either by filling out a PIP1 form (if you can find one) or calling the 0800 number - as per regulation 11 of the Universal Credit etc (Claims and Payment) Regulations 2013.
The PIP2 form may then be sent out for the purposes of obtaining information to establish entitlement as per regulation 8 of the Social Security (Personal Independence Payment) Regulations 2013
If the claimant makes a claim by phone and then fails to return the PIP2, then they have made a valid claim which has been refused due to a failure to return the form.
On one view, that would supersede any award that a Tribunal might make.
You could argue that the “new claim” is a nullity in view of the Tribunal’s decision and should be ignored.
Another option is to ring up PIP and withdraw the claim - I can’t see why you wouldn’t be able to do that.