Can the appointee attend face to face PIP assessment without the claimant?

Andrew1
Andrew1 Community member Posts: 1 Listener
edited April 2019 in PIP, DLA, and AA

I have been accepted by the DWP as the appointee for a young person for whom I am claiming PIP.  She has autism, severe anxiety associated with new people, places, professionals, cameras, etc.,  as stated on the application form.  DWP (ATOS - IAS) have 'invited' myself to a face to face assessment, stating that I must bring her with me.   Given the above, it would clearly be a negative experience for her (in terms of her mental health and well being) to the extent that it would be inappropriate for me to ask her to attend.

I note in the DWP paperwork states (https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#paper-based-reviews)

"1.15.17 Where a claimant has an appointee, this will be flagged in the initial referral to the AP. Where an appointee has been nominated to represent the claimant, the claimant must not be instructed to attend a face-to-face consultation by the AP. This is because they have been deemed incapable of engaging directly with the DWP or its contracted APs. Instead, and only if a face-to-face consultation is deemed necessary, the AP must send the invite to the appointee only."

Am I correct in believing that ATOS - IAS should not have invited her, and that I am within my rights to attend the appointment without her?

Comments

  • poppy123456
    poppy123456 Community member Posts: 61,372 Championing
    Hi,

    I believe that the claimant must attend the assessment with you. I'm my daughters appointee and her first PIP assessment she also needed to be there, although it was a home assessment. You will be able to answer all questions on behalf of the person, with the exception of possibly a few questions at the very end of the assessment which they will have to answer their self.
  • mercedesbd
    mercedesbd Community member Posts: 109 Contributor
    Yes you are. And if they say no - due to your Equality Rights 2010 they have to take ‘ reasonable adjustments ‘ when necessary and think it’s safe to say your young person shouldn’t be attending