General – DWP must give reason for changing PIP award
In decision CPIP/1623/2016, the Upper Tribunal said that DWP must give a precise reason why they are changing or stopping an existing award of PIP, including looking back at why the original award had been given and saying what had changed.
Now, in decision CPIP/2533/2016, an Upper Tribunal judge has underlined this requirement and instructed First Tier Tribunals to ask DWP if they do not get a proper reason from DWP why a PIP award has been changed or stopped.
DWP said in the case that all of their responses to appeals (the first few pages of an appeal bundle) will include a reason why a PIP award has been changed or stopped, including an explanation what had changed since the original award.
WHAT THIS MEANS FOR YOU
If you have an award of PIP and it is changed or stopped, maybe on renewal or for any other reason, the DWP must give a good reason why they have changed the award, and justify why you used to be eligible but now are not.
If they don’t give this reason, you can ask a Tribunal to demand one from them. If they do give a reason, you can of course challenge it by proving it is false.
This decision will make it far more difficult for DWP to simply stop PIP awards simply because the second assessor has arbitrarily given a different point score to the first.
DWP will have to say why the second assessment is so different to the first by showing the change in your actual medical conditions and how they affect you.
This analysis is brought to you by BuDS Benefit Information Project. It is general information only and you should take advice about your specific case.
You can read the full judgement here: https://www.gov.uk/administrative-appeals-tribunaldecisions/pm-v-secretary-of-state-for-work-and-pensions-pip-2017-ukut-37-aac