Call from DWP before tribunal

Alice_Holt

HillStreetBlues said:

poppy12345 said:

HillStreetBlues said:

You can take the points and continue appeal.

For the avoidance of doubt, if the offer is accepted the appeal will lapse. They then need to wait for the award to be put into payment and then request the Tribunal again. The waiting time will start from the beginnng.

Thanks for the correction

Would it be correct that if OP continues with appeal  that the DWP must inform the panel  that it now thinks the OP is entitled to the points they have offered?

      Yes, and this can be the starting point for the tribunal.   This element of PIP (provided the OP is happy with the award for mobility) is then no longer in dispute.

     See this UT case law commentary up from CPAG:
https://cpag.org.uk/welfare-rights/resources/test-case/dwp-offers-and-how-tribunals-should-deal-them


Given that standard rate Mob is c.£27 pw, whereas Std rate for both components is c.£95 pw (and given the long wait for any new appeal hearing) I might be inclined to reject the offer and continue straight to tribunal. 

It would be helpful if the OP could access advice from an experienced benefits caseworker at their local advice charity to confirm that 8 points for DL are warranted. 

The OP should send the tribunal a submission clearly setting out how and why additional DL points should have been awarded (from 6 of the now amended DWP decision to a minimum of 8), also detailing the tribunal offer, and stating if they agree with the new Mobility standard award offered by the DWP.

poppy12345

HillStreetBlues said:

poppy12345 said:

HillStreetBlues said:

You can take the points and continue appeal.

For the avoidance of doubt, if the offer is accepted the appeal will lapse. They then need to wait for the award to be put into payment and then request the Tribunal again. The waiting time will start from the beginnng.

Thanks for the correction

Would it be correct that if OP continues with appeal  that the DWP must inform the panel  that it now thinks the OP is entitled to the points they have offered?

No worries. Yes, that's correct DWP need to tell them what award was accepted and then the appeal will lapse.

Alice_Holt

As Mutley says it is always difficult to give precise advice as we don't have detailed information of the OP's case, but in very, very general terms....

...it's likely that for someone with mobility issues (I'm assuming the 10 points is for the moving around descriptor) that the following DL points might be in play:

i)  Preparing a meal & cooking - 2 points for needing an aid such as a perching stool when preparing food. Possibly more if a stick is needed for support when moving around the kitchen (safety);

ii) 2 points for needing rails and / or a shower seat to wash and bath safely. Possibly more if assistance is needed to get in / out of a bath safely; 

iii) 2 points for needing rails / frame / raised toilet seat to get on / off the toilet safely;

iv) 2 points for taking a long time to dress (twice as long as someone without the disability). Or perhaps needing adaptations such as slip on shoes / or aids such as a sock grabber.


Equally as Mutley says the tribunal is very unlikely to attach any weight at all to the now superseded assessment report. So a  persuasive written submission by the OP together with their verbal evidence* to the tribunal will really help them come away from the hearing with an appropriate award. 
 
* In these cases, it's vital for the claimant to participate in their hearing.

HillStreetBlues

Thanks both.

Another question.
With the updating of points does the DWP have to produce an updated decision letter so the OP knows in what category those were scored in? Even if the OP chooses to go not to accept?

billiepiper14

Thankyou for all your helpful replies it’s given me a lot to think about. I’ve been living with the main condition for 35 years and it’s first time I’ve applied for a benefit so it’s all new to me. Really appreciate the help

Newcad

Just to add that if you do decide to contine with the current appeal rather than accepting the DWP offer (and then starting a new appeal) then YOU should tell the tribunal about the DWPs offer.

I would not rely on the DWP telling them.

HillStreetBlues

Newcad said:

Just to add that if you do decide to contine with the current appeal rather than accepting the DWP offer (and then starting a new appeal) then YOU should tell the tribunal about the DWPs offer.

I would not rely on the DWP telling them.

I agree.
I do believe OP should get paperwork from court to say the DWP has informed them.