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PIP DATE OF CLAIM QUERY
- Pete266
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6 years 4 months ago #203468 by Pete266
PIP DATE OF CLAIM QUERY was created by Pete266
Hi
Hoping that you can clarify something for me if at all possible. The PIP date of claim, would this be when you make the initial call to DWP or when you sign the form to confirm you wish to claim the benefit? My belief was that it was the latter? My reason for asking is my daughter signed her PIP form at the end of March. It is going to Tribunal. She quoted in the grounds for appeal the recent CPIP/1599/2016 ruling re: Epilepsy as they gave her 0 points for everything. In the decision, DWP have said they require the Tribunal to only apply this ruling if the date of claim was after 9 March. They say as she phoned for a form on the 6 of March this is the claim date and she cannot use it - the old "50% rule" applies? My understanding is that the new ruling overruled this? Could someone please advise? Many thanks
Hoping that you can clarify something for me if at all possible. The PIP date of claim, would this be when you make the initial call to DWP or when you sign the form to confirm you wish to claim the benefit? My belief was that it was the latter? My reason for asking is my daughter signed her PIP form at the end of March. It is going to Tribunal. She quoted in the grounds for appeal the recent CPIP/1599/2016 ruling re: Epilepsy as they gave her 0 points for everything. In the decision, DWP have said they require the Tribunal to only apply this ruling if the date of claim was after 9 March. They say as she phoned for a form on the 6 of March this is the claim date and she cannot use it - the old "50% rule" applies? My understanding is that the new ruling overruled this? Could someone please advise? Many thanks
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- Gordon
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6 years 4 months ago - 6 years 4 months ago #203475 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP DATE OF CLAIM QUERY
Pete
I think it is for you to argue at the appeal that it the Decisio date that matter not the date that the claim was made, especially as your daughter would not have received the PIP2 form until after the Decision was put into force.
You are mistaken as to the operation of the judgement.
The rule for the majority of days has not changed (it is not the majority of the time!), it still applies and is not modified by the judgement.
What the judgment does modify is what should be considered in regard to the majority of days. So prior to the judgement the DWP would consider the number of seizures as being the primary measure of the claimants limitations, the judgement says that this is wrong and that it is the risk of a seizure that should be measured, but be aware that this is not the only thing that must be considered, the nature of the activity must also be considered. So as a deliberately stupid example; the risk of injury to someone getting dressed while lying on the bed is significantly lower than that where the person is standing in front of a hot hob with a knife in their hand.
Gordon
I think it is for you to argue at the appeal that it the Decisio date that matter not the date that the claim was made, especially as your daughter would not have received the PIP2 form until after the Decision was put into force.
You are mistaken as to the operation of the judgement.
The rule for the majority of days has not changed (it is not the majority of the time!), it still applies and is not modified by the judgement.
What the judgment does modify is what should be considered in regard to the majority of days. So prior to the judgement the DWP would consider the number of seizures as being the primary measure of the claimants limitations, the judgement says that this is wrong and that it is the risk of a seizure that should be measured, but be aware that this is not the only thing that must be considered, the nature of the activity must also be considered. So as a deliberately stupid example; the risk of injury to someone getting dressed while lying on the bed is significantly lower than that where the person is standing in front of a hot hob with a knife in their hand.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 4 months ago by Gordon.
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