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Renewal claims pack for DLA/PIP

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10 years 1 week ago - 10 years 1 week ago #120143 by satmanbasil
Renewal claims pack for DLA/PIP was created by satmanbasil
Hi

My DLA claim ran out a couple of weeks ago I have been waiting to hear from DLA regarding my claim the only letter i have had was one to advise the new rates with introduction details regarding PIP. Reading how many problems they are having with PIP i thought they would continue to make payment until such time they sent my renewal pack...I was wrong it seems

On ringing the help line I was advised its my duty to make sure the renewal claim pack is received ?? yet all the documents I have had from the DLA state they will be in touch even the last letter regarding the increase said I dont have to do nothing. In other words no need for me to make contact with them.

As my claim on there records is now close they say i have to make a fresh claim which i dont think is right so i have lodge a complaint, told a GL24 wouldnt be of use as there has been no assessment.

There seems to be no checks in place to make sure claimants receive the claim packs or if not returned by the due by date a reminder, has anyone else here experienced the same problem i would like to know as i feel it could be many who fall foul of this loop hole.

regards
Last edit: 10 years 1 week ago by Gordon.

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10 years 1 week ago - 10 years 1 week ago #120154 by Gordon
Replied by Gordon on topic Renewal claims pack for DLA/PIP
satmanbasil

I am afraid that there is unlikely to be anything that you can do about this, at the very least a claimant must take equal responsibility for ensuring that they continue to meet the requirements for a benefit, this would include ensuring that you had the necessary forms available for a renewal.

The only possibility would be to show that the DWP had not sent the renewal forms to you, but even then I think it is unlikely that it result in your claim being extended as your options are limited by the underlying legislation.

I am afraid that you cannot now make a new claim for DLA, you must now make a new claim for PIP, whilst this should be payable from the date of claim, once you receive an award, I don't think there is anything you can do to bridge the gap in payments.

Have a look at our PIP Claim guide for information about the PIP claim process.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 week ago by Gordon.

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10 years 1 week ago - 10 years 1 week ago #120263 by satmanbasil
Replied by satmanbasil on topic Renewal claims pack for DLA/PIP
Hi gordon

Many thanks for your reply, just to make clear I do have all my medical proof on hand and I had been expecting the claim pack to arrive however on all correspondence i have read from the DWP it clearly states "They will be in touch" or "You dont have to do anything now" words to that effect also Im alarmed that if the renewal pack is sent "months" in advance of a review why did the DLA not happen to mention this in the letter of march which advised me of pending increase and progression to PIP in the near future.

To me this just seems a delaying tactic by the DWP I do not believe they ever sent the pack in the first place as they couldnt even inform me when i asked and i have previous experience of the DWP not sending out correspondence in the past like when I was assessed for WRAG group in 2012 and later on given support group for 18 months, and now im still awaiting the outcome of my last ESA50 sent in December 2013, all i know at this time is im still receiving support group payments.

I have no problem with my general post all my bills etc come ontime I feel that within the DWP they are cutting corners in administration and not bothering to to write to all claimants, just to add to this I didnt even get a letter stating the increase of ESA support group payments this year I only found out the new rates via this wonderful site and knowledge of information it gives
Last edit: 10 years 1 week ago by Gordon.

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10 years 1 week ago #120267 by Gordon
Replied by Gordon on topic Renewal claims pack for DLA/PIP
satmanbasil

I am afraid the March letter is sent to all claimants and whilst it has information specific to you it would not have contained any information about your renewal, so you cannot rely on this to support your case.

As I mentioned in my previous post, the main stumbling block you face is the legislation, I will do a check, but as far as I am aware there is no legal requirement for the DWP to "chase" the claimant about a renewal and the DWP operate a policy that a letter sent is a letter received, the only exception to this is to prove that it was either not sent or was misaddressed, however, all of this may be moot as I am not sure that an appealable Decision was made when your claim was closed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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10 years 6 days ago #120365 by satmanbasil
Replied by satmanbasil on topic Renewal claims pack for DLA/PIP
Hi

Just to update you

Received a telephone call from the DLA today in which they have admitted to not sending out the renewal pack in the post to me, will be in the post next week and given 6 weeks to return it.
As pip is not in my area anyway they will treat as a DLA renewal case im told.

One less thing to worry about :cheer:
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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10 years 6 days ago #120367 by Gordon
Replied by Gordon on topic Renewal claims pack for DLA/PIP

satmanbasil wrote: Hi

Just to update you

Received a telephone call from the DLA today in which they have admitted to not sending out the renewal pack in the post to me, will be in the post next week and given 6 weeks to return it.
As pip is not in my area anyway they will treat as a DLA renewal case im told.

One less thing to worry about :cheer:


I am very glad to hear that you got it sorted.,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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