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Indefinites to PIP?
- Adviser8
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10 years 3 weeks ago - 10 years 3 weeks ago #133543 by Adviser8
Indefinites to PIP? was created by Adviser8
When my letter telling me to make a claim for PIP arrives, I intend to make the following response:
I request a mandatory reconsideration of the decision to end my DLA and replace it with PIP, on the following grounds:
1) The legal ground: As the DWP has honoured the time limits for payment of DLA for claimants with defined time periods, but has decided not to honour the time limits for indefinite awards, this represents discrimination against the most vulnerable and those with the most severe disabilities.
2) The policy ground: As indefinite DLA awards represent the most disabled and vulnerable claimants, if transferred to PIP, most will succeed and be awarded equivalent PIP. Of those who aren't, practically all will request MRs and then appeal, where again most will be successful. The cost of this will far outweigh the small benefit gain in savings, making the whole process a fruitless and expensive exercise, and thus incurring additional expenditure.
Thus I propose one remaining class of indefinite DLA claimants, which will diminish as we pass away, ultimately ceasing to exist.
An additional benefit to this is that the DWP can devote itself to the backlog it already has and provide a prompter more efficient service, reducing how ever many years this will take, without taking on further workload.
3) The equitable ground: DLA for me represents a chance to live as normal and positive a life as I can in a limited way, contributing and giving back to society as far as is possible for me. It is not true that we do nothing. I have relied on the promise of indefinite DLA by altering my hopes and expectations and those I engender in my son, from the food on our plates to the clothes we wear, and also by committing myself to a life of voluntary service at the expense of any career, which is now irretrievably compromised. It would be inequitable to go back on the promise made and the DWP should be estopped from doing so, particularly in view of the distress and detriment to the health of us and our dependents.
I request a mandatory reconsideration of the decision to end my DLA and replace it with PIP, on the following grounds:
1) The legal ground: As the DWP has honoured the time limits for payment of DLA for claimants with defined time periods, but has decided not to honour the time limits for indefinite awards, this represents discrimination against the most vulnerable and those with the most severe disabilities.
2) The policy ground: As indefinite DLA awards represent the most disabled and vulnerable claimants, if transferred to PIP, most will succeed and be awarded equivalent PIP. Of those who aren't, practically all will request MRs and then appeal, where again most will be successful. The cost of this will far outweigh the small benefit gain in savings, making the whole process a fruitless and expensive exercise, and thus incurring additional expenditure.
Thus I propose one remaining class of indefinite DLA claimants, which will diminish as we pass away, ultimately ceasing to exist.
An additional benefit to this is that the DWP can devote itself to the backlog it already has and provide a prompter more efficient service, reducing how ever many years this will take, without taking on further workload.
3) The equitable ground: DLA for me represents a chance to live as normal and positive a life as I can in a limited way, contributing and giving back to society as far as is possible for me. It is not true that we do nothing. I have relied on the promise of indefinite DLA by altering my hopes and expectations and those I engender in my son, from the food on our plates to the clothes we wear, and also by committing myself to a life of voluntary service at the expense of any career, which is now irretrievably compromised. It would be inequitable to go back on the promise made and the DWP should be estopped from doing so, particularly in view of the distress and detriment to the health of us and our dependents.
Last edit: 10 years 3 weeks ago by . Reason: tick.
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- Gordon
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10 years 3 weeks ago #133559 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Indefinites to PIP?
Adviser
I am afraid this is not a strategy that will work!
The PIP Transfer Legislation is clear that a DLA claimant who does not claim PIP when invited to do so will have their DLA claim closed after 8 weeks. This is unlikely to be an appealable Decision.
I am afraid the battle in regard to being transferred to PIP was fought and lost a long time ago.
Gordon
I am afraid this is not a strategy that will work!
The PIP Transfer Legislation is clear that a DLA claimant who does not claim PIP when invited to do so will have their DLA claim closed after 8 weeks. This is unlikely to be an appealable Decision.
I am afraid the battle in regard to being transferred to PIP was fought and lost a long time ago.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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