Benefits and Work has been provided with a copy of a letter from the DWP in which a decision maker admits that a review of the claimants PIP award had not been carried out, even though he had received a letter stating that it had.
The claimant received a LEAP letter last year stating that their claim had been looked at again in line with the decisions in the MH and RJ cases and that they were not entitled to any payment of arrears.
The claimant challenged this arguing that they were covered by the MH decision.
The DWP decision maker responded in writing, saying that:
‘Your request for the decision not to be awarded the mobility component to be looked at again when considered in the light of RJ/MH will require a reconsideration which was not carried out for this aspect of your claim.’
The DWP eventually lapsed the appeal by making an award of £12,000 of backdated enhanced PIP mobility component payments.
As in other cases we have seen, this claimant was fortunate enough to have knowledgeable support with their claim. How many other claimants who are entitled to similar substantial sums are missing out because they do not have the same support to challenge false and misleading statements by the DWP?