Help from a benefits advisor

CockneyRebel

In practice, as PIP has only been going for four years we do not know what will happen to the longer awards. Hopefully, the DWP will come to its senses and make these indefinate ie lifelong

CR

Matilda

Under current rules, the DWP have told me in writing that they will review my award about a year before the 10 years is up.  So, that's what will happen if PIP rules don't change in the meantime.

I can't see this Government changing PIP rules, except to make them even tighter.

However, a change of Government is likely to see PIP reformed into something rational, humane and workable (let's hope, but there's no guarantee )

Markmywords

With the indefinite awards, the wording is actually something like "contact you to make sure you are receiving the correct support."

Regardless of what they are then told or, as is more relevant, what agenda they follow, they can make no changes without a new court order.

However, as @Matilda says, things are unlikely to remain the same for ten years.

BenefitsTrainingCo

Hi Gerrard15  and panzerkill,

If you need more advice, please could you start your own threads (a new post)? Otherwise, it's really easy for me and my colleagues to miss your questions.

Gerrard15, I agree that we'd need more information about what stage you are at to help you further.

Panzerkill, if it's PIP, then because your sister was under 65 on the date the changes came in, I'm afraid she does have to have an assessment to move to PIP. Occasionally people do get it on the basis of the questionnaire alone, but it doesn't happen very often.

Even if someone already has a PIP award, as others have advised, you can be contacted and asked to go to another assessment at any time. The law allows them to look at your award again, although they do set different dates to do this and in some cases that can be up to ten years on.

Unfortunately, even if someone has been to a tribunal, the DWP don't need a new court decision to change the award. However, they do need grounds to change it. That means they can't change it just because someone has had a new assessment. They have to be able to show that something has changed (medical evidence, or a finding that someone can now do something they couldn't before). They can't simply assume that something must have changed because of the passage of time.

Meanwhile are all hoping things will get better and that the government (or another one) will stop reassessing people with chronic or deteriorating conditions.

Will

Matilda

Hi Will

I assume that if DWP changed a tribunal award because they thought they had grounds to do so, and the claimant disagreed with this decision, they would be able to re-appeal?

Markmywords

BenefitsTrainingCo said:

Hi Gerrard15  and panzerkill,



Unfortunately, even if someone has been to a tribunal, the DWP don't need a new court decision to change the award. However, they do need grounds to change it. That means they can't change it just because someone has had a new assessment. They have to be able to show that something has changed (medical evidence, or a finding that someone can now do something they couldn't before). They can't simply assume that something must have changed because of the passage of time.


Will

@BenefitsTrainingCo,

Will, do you actually have evidence that the DWP has defied a current Court Order?
Obviously the DWP will always state they have grounds in all matters.
Who is it that you are saying they "have to be able to show something has changed" to?
Does this information come from a qualified Barrister?

BenefitsTrainingCo

@Markmywords

What Will is referring to would not be considered defying a court order (although it is tantamount to the same thing). The Tribunals decision only relates to the day upon which the original decision was made, therefore if the DWP believe they have sufficient grounds to show that the claimant's condition has changed in the interim, they can effectively make a new decision on the claim.

Hope that makes sense!

Mary