PIP Delaying decision of new claim due to appeal even though CoC

PIP decision dated 29/08/2023, appealed and being heard on 14/06/2024 (Friday)  Awarded 4 points in DL and 4 in Mob.

Due to Client condition deteriorating and her also leaving employment, we put in a new PIP claim, 17/01/2024.

Assessment was held on 02/04/2024, 10 weeks ago, had sight of PA4 which has recommended 18 points DL and 22 points Mob.

DWP stated appeal should be treated as a closed-period claim and in our submissions we have also stated that it should whether they were entitled from 29/08/2023 to 16/01/2024, as CoC and deterioration in condition. 

On telephone call with DWP asking why the decision was taking so long, stated to client delay is due to the outstanding appeal.

We are only seeking standard DL and Mob in the closed period claim.

Are they allowed to do this?

This case isn’t a closed period one as no decision has been made on the second claim. It is the decision which generates the closed period because the later decision attracts finality under s.17 SSA 1998. An outstanding, undecided, claim does not attract finality so doesn’t have the same effect. That said, you would expect that the DWP will supersede the Tribunal’s decision with effect from 17/01/24, whatever is decided.

The DWP are required to decide claims for benefit. There is not any specific time period for them to do so. A refusal to decide a claim pending some relevant development or the acquisition of further evidence could be justified. In the circumstances you describe, where the tribunal’s decision appears obviously irrelevant to the later claim, it is arguably improper to refuse to decide the claim and there might be some sort of public law argument that could be made. However, you are not practically going to be able to do anything about it before Friday, when the issue will sort itself out anyway.