PIP ending. Review not given, asked to make new claim

Snak64

Good evening. I write on behalf of another and would appreciate any advice!

PIP (3rd) awarded in or around some years ago at standard rate. MR was refused and an appeal lodged. The tribunal hearing never took place as DWP made a favourable decision. We received a letter from DWP to state they looked at the evidence again and awarded enhanced rate. A letter from the tribunal was received to say the appeal had lapsed as DWP made a new decision in favour of person. 

So from what I understand of that -A tribunal  did not actually make a decision and DWP changed their original avoiding a hearing all together.

The PIP is due to come to an end in a few months and DWP sent a letter to say we need to apply again to continue. I understand this would be the case had a tribunal made the decision but is this the case also if DWP changed their decision? A review will be significantly less work and stressful than a new claim.

We are also worried about income. DWP are taking a long time to process claims. A review would mean payments and such will continue until a decision is made as far as I am aware.

I will be calling them up again but it would help to have any relevant legislation etc to confirm the above. I have not been able to find any. 

Thank you!

poppy123456

Whether it's a review or a new claim, it really makes no difference because all claims should be treated as a new claim by everyone. For this reason, i can't see how it's less work.

Many people are very confused by the shorter forms for the reviews too so for this reason, it's not such a bad thing.

I'm not aware of any legislation to which form you should receive. DWP should also extend the award if a decision isn't made by the time the award is due to end. Full details of this was announced by the scope team a little while ago. https://forum.scope.org.uk/discussion/95440/dwp-confirms-it-is-increasing-the-automatic-extension-period-of-existing-pip-awards-awaiting-review/p1

Snak64

Hi Poppy, thank you for your prompt reply!

Well my worry with a new one is having to go through the same drawn out process to lodging an appeal when a review will surely be difficult to supersede if conditions are same/worse. I understand the same amount of work will probably go into it but its also the surety of continued payments too.

I understand the extension applies for reviews but does it also apply for this case where they've asked us to make a new claim and the current one is ending in a few months?

Anything we can do to ensure this is the case?

poppy123456

Snak64 said:

Hi Poppy, thank you for your prompt reply!

Well my worry with a new one is having to go through the same drawn out process to lodging an appeal when a review will surely be difficult to supersede if conditions are same/worse. I understand the same amount of work will probably go into it but its also the surety of continued payments too.

I understand the extension applies for reviews but does it also apply for this case where they've asked us to make a new claim and the current one is ending in a few months?

Anything we can do to ensure this is the case?

I disagree. There's just as much chance of being refused with a review as there is with a new claim. It will depend on how much information you give and how you fill out the form. A lot of refusals are down to poorly completed claim packs.

When you fill out the form make sure you include a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you. Adding detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies.

The extensions apply to everyone that didn't have a decision by the Tribunal. Some Tribunal awards were extended but not all of them.

calcotti

https://www.gov.uk/government/statistics/personal-independence-payment-statistics-april-2013-to-july-2022/personal-independence-payment-official-statistics-to-july-2022#review-outcomes

Review outcomes from August 2017 to July 2022 (last five years)

Review Outcome	Planned Award Review	Change of Circumstance
Award Increased	18%	45%
Award Maintained	49%	33%
Award Decreased	10%	6%
Award Disallowed	22%	11%
Withdrawn or voluntarily relinquished	n/a

calcotti

Only 39% of new claims made under normal rules result in an award,

OP, your award was made by DWP, not tribunal and would expect you to be sent review forms rather than making a new claim

poppy123456

calcotti said:

OP, your award was made by DWP, not tribunal and would expect you to be sent review forms rather than making a new claim

That's what i always thought too but there's also been memebers here that have received a review form when a decision was made by the Tribunal.

calcotti

poppy123456 said:

calcotti said:

OP, your award was made by DWP, not tribunal and would expect you to be sent review forms rather than making a new claim

That's what i always thought too but there's also been memebers here that have received a review form when a decision was made by the Tribunal.

I agree that happens but that isn’t the situation for OP. They didn’t have a tribunal anyway so they should get a review form.

Snak64

Thank you both for the clarification and advice.

I spoke to DWP today and what they are saying is that as there is an "end date" it has to be a new claim process. At this point I just have their word to go on. We won't be given an extension until closer to the end date but we "should get one" should the claim take longer to process.

Without anything else to go on, I will have to continue with the PIP2 form I guess. 

poppy123456

All awards have ends dates but if the award doesn't have a review date then the PIP2 form makes sense. Yes, the extended award will be given within about a month before it's due to end, if no decision's been made by then.

Snak64

Thank you everyone for your replies.

I've just looked over everything whilst prepping the new claim and I've just seen the last sentence in the decision letter (after our appeal) which mentions "look at award again after x date". Sounds like it should have been a review... Will it make any difference to pick this up with DWP at all? Will it help in any way to change it? 

I have done everything I need to for the PIP2 now except to get answers down. Got a stack of evidence and references etc all put together already.

poppy123456

You will need to contact PIP. 

Snak64 said:

 Got a stack of evidence

Remember that less is more.