PIP, DLA and AA
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my son's pip enquiry

mauwganmauwgan Member Posts: 3 Listener
my son was born with cerebyl palsy ,and i claimed  d l a for  him ,we always had a vehicle because he got high rate mobility ,he has now moved away from home to live with his partner ,and was invited for a pip interview ,were he scored 22points for his help with his needs but as had the mobility component taken away ,when my son enquired about why this had happened he was told he could appeal this decisio n but would risk losing all his benefit 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I understand that it is rare for the DWP at mandatory reconsideration stage to remove benefits already awarded.  And I also understand that if a tribunal is minded to reduce or remove benefits then they have to warn the claimant at the start of the hearing. The claimant can then withdraw their appeal and keep the benefits already awarded.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi mauwgan,

    A tribunal can always look at the whole award, not just the bit the claimant is appealing. That is standard, but it doesn't mean there is necessarily a high risk of it happening. It really depends on the facts.

    Going from high rate mobility in DLA to no mobility component at all is a big change, and I think it is worth appealing. You have to ask for a mandatory reconsideration (MR) first anyway (within one month if possible), and I'd recommend you do this. As Matilda says, an MR doesn't normally remove benefits, & is more likely not to change the decision at all! But it has to be done. 

    Also as Matilda points out (thanks Matilda), if a tribunal is considering removing an award it should give your son notice of this and a chance to prepare his case (think about arguments for the daily living points he's got, including his own evidence). He can make representations about it, consider withdrawing the appeal or would have the option of asking for an adjournment to get advice. The tribunal would also have to explain why they'd decided to look at the other component - hard for them to justify I think when he got 22 points!

    Have a look at the mobility activities and points and see what you think your son should have been awarded. Consider what evidence you can get to back this up (evidence which relates to the date of the decision, if possible). Do post back if you have any more questions.

    Will


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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