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Reinstating DLA awards: Non-attendance of PIP consultation with good reason

20 December 2018

Statement made by: Sarah Newton (Minister of State for Disabled People, Health and Work.

I would like to update the House on the improvements my Department is making in Personal Independence Payment (PIP). The guidance available to PIP Case Managers was updated in August 2018 to ensure those who are awarded the highest level of support whose needs are unlikely to improve or will deteriorate receive an ongoing award with a light touch review at the 10 year point.

Following on from the introduction of that guidance in August, we have now commenced activity to review the claims of existing claimants on the top level of support to identify those individuals who, in light of the new guidance, should be receiving an ongoing award.

This is still in the early stages and being dealt with in date order, prioritising claimants whose awards are coming up for an award review, but commencing this activity is a really important step to reducing the number of individuals having to undergo an unnecessary award review where their needs are only likely to deteriorate…....

…. This exercise regards the decision in OM [OM v Secretary of State for Work and Pensions (PIP): [2017] UKUT 458 (AAC)]  which was handed down on the 23rd November 2017. This decision refers to DLA claimants transferring to PIP, who failed to attend or participate in their PIP consultations, and who had their DLA terminated as a result, but where, subsequently, DWP Decision Makers or Tribunals have decided the claimant had a ‘good reason’ for not attending or participating. The decision states that in these instances claimants’ DLA awards should be reinstated, until a final decision on their PIP claim, and back paid, as necessary. We accept that the same approach applies where claimants who failed to provide information or evidence were later found to have ‘good reason’ for the failure to comply.

Full statement and link to guidance in Personal Independence Payment: Written statement - HCWS1224