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DLA renewal refused, sent in before PIP date

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10 years 1 month ago #131926 by axel71
Hi everyone,

My friend is in the 'M' postcode area, which says 'If your fixed term DLA award is due to end on or after 6 April 2015 you will receive a PIP claim form rather than a DLA renewal claim form.'

His DLA fixed term award ended 7th March 2015 and they wrote inviting him to reclaim DLA enclosing a DLA renewal pack... he returned his renewal DLA claim form to Blackpool which shows on the Royal Mail Special Delivery receipt signature they received it on 12th March 2015.

They have not acknowledged receipt in writing, so we telephoned Blackpool who say they refuse to treat as DLA, they say he has to make a new claim for PIP as his renewal form arrived after 7th March. :huh:

Can anyone advise is this incorrect? Should it not be the 6 April 2015 when it's treated as PIP claim?

Thanks,

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10 years 1 month ago #131929 by Gordon
survival71

This is not so much as PIP issue as a DLA one.

If your friends DLA award ended on 7 March 2015, then any renewal forms had to be returned to the DWP by this date, if they were not, as seems to be the case, then the DLA claim will be automatically closed. Unless they can show that the delay was beyond their control AND that the documents were posted in time to reach the DWP before the current award ended, I think it very unlikely that the DWP will overturn the Decision to close the award.

They can try contacting their MP to see if they can get the DWP to change the Decision but this would be a long shot.

The reference to PIP is the result of the closed DLA claim as they cannot make a new claim for DLA only PIP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 1 month ago #131932 by axel71
Thank you Gordon

No it was posted after the end date, the delay was due to their ill health, delayed them being able to fill it in.

Blackpool said the form would have been sent to a PIP centre. Really? I would have thought PIP disregard the information on the DLA form and bin it, does he have to request a new PIP claim form?

thanks,

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10 years 1 month ago #131942 by Gordon
survival71

They may have forwarded and it may even be used in connection with a new claim for PIP, however, it would likely disadvantage them if they did, so I would recommend that they contact the DWP about it and if necessary formally start a new claim. See

www.gov.uk/pip/overview

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: axel71

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