The Department for Work and Pensions (DWP) will stop Personal Independence Payments (PIP) for “six reasons”. When the DWP reviews PIP, the DWP decision maker will make a reasoned decision on entitlement, the government says.
If the claimant is entitled to PIP, they will also decide the level of award and the length of any award. In all cases the decision maker will make a decision based on all the available evidence, the DWP has gone on to explain in its handbook.
But a raft of changes could be implemented by the DWP – including stopping payments – for specific changes in circumstances. It says: “We need to know if the claimant’s condition, the amount of help they need or their circumstances change. This is because it may change how much PIP they can get. Depending on the change, your PIP could go up, go down, stay the same or stop.
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“It is important the claimant tells DWP straight away about any changes in their life that could affect their benefit. Based on these changes their benefit may go up, go down, stay the same or it may stop. If the claimant is overpaid, they will normally have to repay the money. Failure to tell DWP about any of these changes may result in prosecution.”
Condition changes
The claimant should tell DWP if the help they need or their condition changes, for example they need more or less help with daily living and mobility tasks or their health professional tells them their condition will last for a longer or shorter time than they have already told us.
The claimant will be sent a form called ‘How your disability affects you’ which asks about your condition and how it affects you. They should fill in the form using the guidance that comes with it and return it to the address on the form.
They should include supporting documents if they have them – for example, prescription lists, care plans, or information from your doctor or others involved in their care.
Terminal illness
Claimants should get in touch if their condition has worsened, and they are not expected to live more than 12 months.These changes may affect entitlement to PIP. The amount and the period of the PIP award may change . Depending on the change, your PIP could go up, go down, stay the same or stop.
Admission to hospital
Other changes that may affect payment of PIP include admission to a hospital, hospice, nursing home or care home. Once a decision has been made on a claim, a decision notification will be sent to the claimant advising them of their award or disallowance, giving the reasons for the decision and advising what steps the claimant needs to take if they dispute the decision.
Claimants have one calendar month from the date on their decision letter to request a mandatory reconsideration..
Schools
Entry into a residential school or college also impacts PIP. If the claimant has been awarded PIP, the letter will detail the amount of the award, the length of the award and the reasons for making that decision. The point score for each descriptor will be included in the letter. The letter will also show how the evidence informed the selection of descriptors and the decision made.
It will give details of how and when the claimant needs to tell DWP about any changes in circumstance. It will also signpost the claimant to other DWP benefits and services and local support organisations. The award letter will constitute a full statement of reasons for the decision.
Foster care
Entry into foster care, local authority care, sheltered housing or social care trust care also impacts PIP. The DWP states: “Specific details of PIP payments, including the date payments will start and their frequency, will also be included in the letter sent to the claimant. PIP can be paid into a bank account, building society or credit union. The claimant will be asked to provide these details when they make a claim to PIP.
“Payment will usually be made every 4 weeks in arrears. Awards of PIP under the special rules for end of life will be made weekly in advance.”
Prison
Imprisonment or being held in detention also impacts PIP. The DWP says: “This change may affect the amount of PIP that can be paid to the claimant. We need to know the date the claimant was taken into prison or legal custody and the length of time they are expected to be there if known.
“PIP ceases to be payable after 28 days where someone is being detained in legal custody. This applies whether the offence is civil or criminal and whether they have been convicted or are on remand.
“Suspended payments of benefit are not refunded regardless of the outcome of proceedings against the individual. Two or more separate periods in legal custody link if they are within one year of each other.”
Foreign travel
PIP is also affected if claimants go abroad for more than 4 weeks or if they are not a British or Irish citizen and immigration status changes or if they are a European Union, European Economic Area or Swiss citizen and were living in the UK by 31 December 2020 but have not applied to the EU Settlement Scheme, you and your family must apply straight away. (Please note: If you have lived in the UK for 5 years or more in a row, you can apply for settled status.
If you have pre-settled status this will not expire. It may be beneficial for you to apply for settled status if you have lived in the UK for 5 years or more in a row).
Pensions
PIP is affected if they or their spouse, civil partner or parent, start to or stop receiving a pension or benefit from another EEA state or Switzerland. DWP needs to know the name and address of the place the claimant has gone into, and the date they went in.
The DWP said: “We need this information as soon as they go in. Failure to tell DWP this straight away could result in an overpayment. We also need to know if the claimant spends any nights at home and the date the claimant comes out of this place as soon as this happens. This is because we may be able to pay PIP for any nights spent at home and as soon as they come out of this place.”