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Hi, my name is wkaunze! How do I get my daughter's benefits reinstated?

wkaunze

We have our daughter (Chantelle [surname removed by moderator]) born here in Kingston upon Thames now 17 years old with an EHCP since she was at her early age. The previous government (The Department of Work and Pension) stopped her disability living allowance (PIP) a few years ago after just a phone interview as our daughter could not express herself properly although the explanation given by my wife, the DWP decided to stop that benefit to our daughter while this used to help supporting our child who’s still having speech and language difficulties and struggling with her English and maths, unable to do her GCSEs and more especially processing her speech and language.

We know that we had letters confirming that she will continue receiving that support up to age 25, but this was stopped just like that.

We spent so much time with the local authorities including special educational authorities, specialist language therapies specialists and lawyers to get to a level of getting the EHCP as our child got the support. Just after a 45 minutes stressful and disturbing phone call to assess our child, we received a letter telling us they have stopped the benefit and we had to appeal. As they had their intention to stop the support, the did it.

We were devastated really and we did not know what to do until now that I have seen your conversations.

Please mum help.

After I have read about the way you helped many of the people, I have decided to send you this message from work to see if you can help.

Please how would you help so that the authority reinstate her benefit.

Looking forward from hearing from you.

With kind regards.

Willy

[removed by moderator - personal information]

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wkaunze

Thanks for removing personal details

wkaunze

Thanks I will try to contact them (IPSEA) thanks.

poppy123456

If the decision on the PIP was more than 13 months ago you are out of time to challenge that decision. Your daughter can start a new claim.

If it was within that time then you can challenge the decision by first requesting the Mandatory Reconsideration.

If you can let us know when the decision was made on that claim we can give further advice for the next step.

Rosie_Scope

Hi @wkaunze, welcome to the community. Sorry to hear what happened with your daughter's PIP. Just so you know, we can't allow personal details such as surnames, phone numbers and email addresses on the community, for everyone's safety. I have removed these for you, I hope you can understand.

You say this happened a few years ago, did appeal at the time? How long ago were her benefits stopped?

If it's been a few years since your daughter's PIP was stopped, you would probably need to start a new claim for her.

If you need some extra support for the forms, lots of our members have been through the process and I'm sure they'd be happy to answer your questions. You could also try looking on Advicelocal to see if there's a local benefits advisor who can go through it all with you. Citizen's Advice can often help too if there's one in your area.

Kimi87

You can become your daughters appointee, and manage her benefit claims. This would allow you to speak for her during an assessment for a new claim, as I suspect you might be out of time to appeal the previous decision.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

wkaunze

Hi Rosie

Many thanks for removing my personal details for security reason and if you can use "WK" instead of wkaunze please.

we will try to get in touch with advicelocal or Citizen's advice. Or may be apply again.

Thanks Rosie

wkaunze

Hi Poppy

Thank you for the advice. I will check and see when was the appeal done and I will get in touch.

Thanks.

wkaunze

Thanks Kimm87

poppy123456

https://forum.scope.org.uk/discussion/comment/944093#Comment_944093

When you say "appeal" did you take it to a Tribunal and she was still refused? If so then you can't just challenge that decision. You can only do this on error of law. To find that error you must request the statement of reasons within 1 month of the date of the decision by contacting HMCTS.