Having to claim PIP during an existing claim, is it legal?

latakiahaze

My wife has a PIP claim until October 2018 in which she has been awarded enhanced mobility. A few months ago she was told they needed to review the claim, which is fair enough as they were using the usual "we need to know if your health has changed" gambit. However, we have just received a new letter from Capita implying she is only now applying for PIP - i.e this is a NEW claim.
My question is, how can this be legal? Capita entered into a contract with her when they set up the original claim, and they no doubt have a right to review it during its progress, just as a bank might review a loan under new circumstances.
I am not a lawyer but this seems to me to be entirely unfair. Is the "evidence" she provided for the review now going to be used as the basis for this new claim, and what has happened to the old one?
Is it acceptable to renege on a contract in this way?
Any help much appreciated.

TELLIT01

The first point to be made is there is no contract between your wife and Capita. Capita conduct the medical assessment on behalf of DWP, so any 'contract' would be between your wife and DWP.
The letter would seem to have been sent in error if your wife already has a live claim. Diving in head first claiming that somebody has reneged on a contract etc isn't going to solve anything, in fact all it will do is get people's backs up at Capita or DWP. You need to contact Capita and sort the ERROR out, because that is all that has happened.

IAmWales

There is no commercial contract between your wife and Capita (or the DWP). Claims can be reviewed at any time.

Are you sure it is a new claim, or is it just the way the letter is phrased? If in doubt give them a call to clarify.

kingfisherblue

All PIP claims are being renewed (or otherwise) around a year before their end date. So if her claim is due to finish in October 2018, receiving a letter this winter sounds correct.

As far as I know, if any change is made to the award, it is with immediate effect.

latakiahaze

TELLIT01 wrote: »

The first point to be made is there is no contract between your wife and Capita. Capita conduct the medical assessment on behalf of DWP, so any 'contract' would be between your wife and DWP.
The letter would seem to have been sent in error if your wife already has a live claim. Diving in head first claiming that somebody has reneged on a contract etc isn't going to solve anything, in fact all it will do is get people's backs up at Capita or DWP. You need to contact Capita and sort the ERROR out, because that is all that has happened.

Thank you for clarifying that the contract exists between my wife and DWP, not Capita, as I'm sure there IS a contract. Generally, people don't stay in touch unless at least they suspect there is a contract between them.

Although, having been personally pursued for a debt assigned to a third party (and recognised by the court) I suspect an agent can be as culpable as a principal. In fact, I believe there is a law of agent and principal.

We did contact Capita but they were clueless.

I'm sure this kind of thing goes on all the time and people just suck it down.

Incidentally, I have no idea why it would be such a bad idea to put somebody's back up, since this is what both Capita and the DWP do to people all the time ? Is the suggestion that if you rile them you will be less likely to get an honest answer? How bad is that system.....

Following the logic of the above, if it is indeed an error, should we receive an apology? I never saw one of those from the DWP.

latakiahaze

kingfisherblue wrote: »

All PIP claims are being renewed (or otherwise) around a year before their end date. So if her claim is due to finish in October 2018, receiving a letter this winter sounds correct.

As far as I know, if any change is made to the award, it is with immediate effect.

That I understand, but why is it a "new" claim? I could perfectly understand the need for a review.

On a human level, couldn't the DWP suspend all anxiety-provoking letters until after Christmas? Just a thought.

elmer

That might cause a bigger backlog of work than normal, therefore provoking more anxiety!!

elmer

Cheeky_Monkey

As you so accurately state in your OP, you are not a lawyer, that much is obvious.

As has been said, it is highly likely that it was sent in error and, as such, you going on about contract law is not going to help anyone.

The mind boggles as to why you would think that sending your wife the letter could be illegal :rotfl:

As for an apology - you can only live in hope

Alice_Holt

Your wife is much better advised to concentrate on the PIP2 form and the forthcoming assessment.

Please do not distract her with this "legal contract" nonsense.
It might be helpful had you indicated where she was in the renewal process.
If she has yet to complete the PIP2 form, I would strongly suggest getting help from her local CAB / advice agency.

Point her to these links, and try not to create unnecessary conflict:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-claims
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/your-assessment/

Diamandis

latakiahaze wrote: »

However, we have just received a new letter from Capita implying she is only now applying for PIP - i.e this is a NEW claim.

Implying how exactly? What does it actually say?

Your reaction seems really bizarre.

Derwent

All PIP reassessments are treated as a new claim, with the caveat that your existing award continues until such time as a new decision is made. You have to start from the beginning again and complete the PIP2 form and submit your evidence etc all over again.