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Pip assessment guidelines regarding appointees representing claimants

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9 hours 3 minutes ago #312737 by sera
Hi

Can someone please confirm or deny something for me ?

I am under the impression that the PIP Assessment guidance part 1 specifically says that an appointee can represent the claimant, if the claimant doesn’t wish to attend the Pip assessment. And the claimant can’t be instructed by the assessor to attend the assessment .

Can someone confirm or deny this please?

My nephew has terrible insomnia that causes him a great deal of distress. A few days ago he did not want to attend a mental health appointment on the day that followed the sleepless night.

In addition to this my nephew lacks a lot of insight into his conditions which are Autism, mental health issues and insomnia. He will exaggerate and overestimate a great deal regarding what he is actually capable of and massively play down or deny what he is not capable of. And he likes to appear neurotypical to people through masking for a period of time. These sorts of disagreements have been proven to be a bit problematic when my mother has tried to advocate for him in a recent mental health appointment

Btw where would I get hold of the PIP Assessment guidance part 1 ?

I might, for a temporary period of time, become my nephew’s appointee.

If it is the case that appointees can represent claimants, without claimants attending an assessment.. then if my nephew didn’t want to attend a PIP assessment, I can see that I might have to quote the pip assessment guidance to an assessor…

Does there have to be special circumstances for the claimant not to attend an assessment?

My nephews issues are distress and anxiety caused by insomnia and lack of insight into his conditions as described above

Thanks for reading.. thank you in advance

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6 hours 45 minutes ago #312743 by BIS
Hi Sera

You can read the guidance here. www.gov.uk/government/publications/perso...e-assessment-process

The information says : 1.15.17 Where a claimant has an appointee, ... The HP should make every effort to obtain evidence to conduct a paper-based review in place of a consultation."

The assessment services often overlook this information and, of course, decide that a consultation is needed. I believe more appointees should be challenging this.

The guidance says that the DWP wants the claimant to attend assessments with their appointee. Here are the exceptions:

1.15.21 Where appointees report that a claimant is unable to attend and participate in a consultation the AP should ascertain:

whether this is temporary, and whether the consultation could be rearranged; or

whether an alternative assessment channel would enable claimant attendance and participation.

1.15.22 Where a claimant’s reasons for being unable to attend and participate are not temporary, a consultation may go ahead with the appointee only as long as all of the following conditions are satisfied:

The issue relates to the claimant’s health condition(s) or impairment

It is medically reasonable

It is not due to choice or convenience"

Now, quite a few members of benefits and work who are appointees for their loved ones have recently found that the assessors have tried to insist that they be present. I think people have to be strong and push back, and that it isn't that difficult to say that the claimant has an appointee because they cannot manage the process at any time.

With regard to your nephew and his circumstances. If you become his appointee, I would push his diagnosis of autism as to why he should not attend an assessment. He could not fairly represent himself. Personally, I would not try and push the insomnia as an issue -because they will simply offer you an appointment later in the day and say that he could attend.

A couple of our members have reported pushing back when assessors insist on talking to claimants, and then they back off. I'm an appointee, and there's no way I am ever going to let the DWP or any assessment service anywhere near the claimant.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sera, Wendy Woo

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