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PIP claim tactics?
Don’t do claims in my role - MRs and appeals only. But in this case I’m assisting a friend and am away from my books at present, so could do with some thoughts on this one.
1. Online claim submission deadline is 30/9/2022.
2. Open and shut case for ERM now.
3. There will be (barring something totally unexpected) a very clear case for ERDL - but only from 1/11/2022 - due to the 3 month required period rule.
Given that reg. 23 (1)(b) of the Universal Credit, Personal Independence Payment etc (Decisions and Appeals) Regulations 2013 provides for supersession where it is expected that a relevant change of circumstances will occur, I’m wondering whether to set out daily living needs now, make clear that unless things change we will apply for a supersession 1/11/2022 and then apply for that supersession? Or ask for a delay in face to face consultation until after 1/11/2022 - again making clear that we would expect/accept any award of DLC can only be made from 1/11/2022 (this is viable as friend is in employment and so no immediate financial need)?
It’s just going to be a matter of filling in the form with details of how their conditions affect them at the time of filling it in and providing the relevant info re how long that has been the case. It’s not incumbent on your friend to pre-empt any issues to do with the required period.
I don’t think its very likely that your friend will be assessed by the end of next month regardless and there is certainly not going to have been a decision made by then. When the decision is made, it will subsume all questions of entitlement up to the decision date, so there should be no need to make any supersession application.
Would be astonished if an application now got a consultation by that date in November.
Aye, cheers Elliot - I did wonder about that and intended to ask. Not dealing with claims I’ve not got much of a handle on how long current waits are for assessment and decisions. But if we’re looking past the beginning of November for any decision, that sorts it…...
Each component has it’s own RP so I don’t see any problem with two components with different start dates so long as the RP for both is up by the date of decision which as has been said above is highly likely.
it’ll probably make them queezy to do it but in law I think it’s probably fine.
Aye, cheers Elliot - I did wonder about that and intended to ask. Not dealing with claims I’ve not got much of a handle on how long current waits are for assessment and decisions. But if we’re looking past the beginning of November for any decision, that sorts it…...
Maybe different down your way but we are usually looking at approx 6 months around here (which is an improvement on earlier this year). Long wait for the assessment, about 3 or 4 months from return of PIP2 currently, then they are advising another 6-8 weeks for a decision.
Cheers all. Very useful.