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DLA suspended due to no PIP2 Form
- Robert
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8 years 3 months ago #150114 by Robert
DLA suspended due to no PIP2 Form was created by Robert
Hi
My mother (did) receive higher rate mobility and middle care for DLA. She was "invited" to apply for PIP, which she did do. We had postal problems around Christmas and never received the PIP2 form or follow-up letter. The letter we did receive was saying her DLA was to stop.
I called them myself before this date and explained the reasons why we didn't submit a PIP2 form. Had to wait for a caseworker to get in touch much later.
Since then, I noticed online that the Statutory Instrument 2013/387 says that as long as you contact the DWP within 28 days of the date of DLA suspension (I contacted them before this date), a new form is issued and DLA will be reinstated as though suspension had not taken place.
In plain English, I take this to mean we are entitled to a new PIP2 form and they have to un-suspend/restart/reinstate her DLA from when it was suspended. But no. On the phone, her caseworker said they will pay her no DLA now until the PIP decision has been made. But that's obviously wrong. Whether she gets awarded PIP or not several months down the line, what does she live on now?! I understand there has to be a cut-off date for the PIP form, but their Statutory Instrument says they have to pay DLA.
To me, its because they cannot understand the difference between "suspend" and "terminate." DLA is only terminated if a claimant doesn't contact the DWP within 28 days of the DLA benefit being suspended. I was told by the caseworker DLA had "ended" - not a word shown on the SI. The SI has used these two words as it obviously means to emphasis this distinction, that one can be restarted, the other cannot.
I've sent five complaint letters and email to them since (everytime I find some other Statutory Instrument to quote to them, or their answer is totally wrong), but her Motability car has to be returned next Tuesday.
They seem to me to be petty and vindictive. Without a car she cannot go out or attend her medical appointments, which I have emphasised to the DWP. I don't want special treatment, just her rights. The DWP seem to be cherry-picking their own laws/SI in my opinion. The transition from DLA to PIP should be covered by DLA until PIP is/is not awarded.
Sorry if this message is long!
Any thoughts from experts out there?!
Thanks
My mother (did) receive higher rate mobility and middle care for DLA. She was "invited" to apply for PIP, which she did do. We had postal problems around Christmas and never received the PIP2 form or follow-up letter. The letter we did receive was saying her DLA was to stop.
I called them myself before this date and explained the reasons why we didn't submit a PIP2 form. Had to wait for a caseworker to get in touch much later.
Since then, I noticed online that the Statutory Instrument 2013/387 says that as long as you contact the DWP within 28 days of the date of DLA suspension (I contacted them before this date), a new form is issued and DLA will be reinstated as though suspension had not taken place.
In plain English, I take this to mean we are entitled to a new PIP2 form and they have to un-suspend/restart/reinstate her DLA from when it was suspended. But no. On the phone, her caseworker said they will pay her no DLA now until the PIP decision has been made. But that's obviously wrong. Whether she gets awarded PIP or not several months down the line, what does she live on now?! I understand there has to be a cut-off date for the PIP form, but their Statutory Instrument says they have to pay DLA.
To me, its because they cannot understand the difference between "suspend" and "terminate." DLA is only terminated if a claimant doesn't contact the DWP within 28 days of the DLA benefit being suspended. I was told by the caseworker DLA had "ended" - not a word shown on the SI. The SI has used these two words as it obviously means to emphasis this distinction, that one can be restarted, the other cannot.
I've sent five complaint letters and email to them since (everytime I find some other Statutory Instrument to quote to them, or their answer is totally wrong), but her Motability car has to be returned next Tuesday.
They seem to me to be petty and vindictive. Without a car she cannot go out or attend her medical appointments, which I have emphasised to the DWP. I don't want special treatment, just her rights. The DWP seem to be cherry-picking their own laws/SI in my opinion. The transition from DLA to PIP should be covered by DLA until PIP is/is not awarded.
Sorry if this message is long!
Any thoughts from experts out there?!
Thanks
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- Robert
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8 years 3 months ago #150116 by Robert
Replied by Robert on topic DLA suspended due to no PIP2 Form
Forgot to say she has received a new PIP2 form (two copies in fact). But they have not reinstated her DLA.
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8 years 3 months ago #150118 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA suspended due to no PIP2 Form
Robert
From what you have posted the DWP are treating this as a failure to return the PIP2 form and have terminated the existing DLA claim as a result, they are now treating it as a new claim for PIP, not a transfer.
I'm afraid I don't agree with your summation of the legislation, as you haven't referred to which Regulations you are quoting from I am having to make some assumptions, but I believe you are referring to Regs. 9 and 10. These only apply to the claimant making a claim for PIP, they do not extend beyond this and specifically do not cover a failure to return the PIP2 form.
I believe your mother's situation is covered under Reg 13.b(ii)
www.legislation.gov.uk/uksi/2013/387/regulation/13/made
You say that you have made five complaints to the DWP, have you requested a Mandatory Reconsideration of the Decision to close the claim, this is the legal route to overturning the Decision?
You will need to show that the PIP2 was not received, there are two aspects to this; first you should ask the DWP for proof that the form was sent, that it was sent to the right person and to the correct address. Secondly you need to show that there were problems with the mail in your Mother's area at the time and that it would be reasonable to assume that this interfered with the delivery.
That said, I do have to warn you that I am not aware of anybody being successful in overturning the Decision to close the DLA claim for no-compliance.
Gordon
From what you have posted the DWP are treating this as a failure to return the PIP2 form and have terminated the existing DLA claim as a result, they are now treating it as a new claim for PIP, not a transfer.
I'm afraid I don't agree with your summation of the legislation, as you haven't referred to which Regulations you are quoting from I am having to make some assumptions, but I believe you are referring to Regs. 9 and 10. These only apply to the claimant making a claim for PIP, they do not extend beyond this and specifically do not cover a failure to return the PIP2 form.
I believe your mother's situation is covered under Reg 13.b(ii)
www.legislation.gov.uk/uksi/2013/387/regulation/13/made
You say that you have made five complaints to the DWP, have you requested a Mandatory Reconsideration of the Decision to close the claim, this is the legal route to overturning the Decision?
You will need to show that the PIP2 was not received, there are two aspects to this; first you should ask the DWP for proof that the form was sent, that it was sent to the right person and to the correct address. Secondly you need to show that there were problems with the mail in your Mother's area at the time and that it would be reasonable to assume that this interfered with the delivery.
That said, I do have to warn you that I am not aware of anybody being successful in overturning the Decision to close the DLA claim for no-compliance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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