From 28 October, where a claimant is investigated by the DWP
as a result of a false accusation of fraud, they will automatically lose their
DLA and be forced to make a claim for PIP, even if found to be entirely
innocent. The new DWP policy is legally questionable and is likely to cause
enormous distress to claimants, whilst rewarding hate-callers.
The change in DWP policy has come about because of the
roll-out of PIP to existing claimants which begins at the end of this month.
According to PIP regulations, after 28 October if ‘a DLA
entitled person . . . notifies the Secretary of State of a change of
circumstances’ they will be ‘invited’ to claim PIP instead.
In other words, if you are getting DLA and you inform the DWP
that your condition is getting better or worse, then you will be assessed for
PIP rather than for DLA.
In March of this year the DWP published a PIP toolkit which
included a number of factsheets about the PIP claims process. Included in
factsheet 6 was confirmation of how changes of circumstances would be
treated:
From October 2013, DWP will start to write
to the following existing DLA claimants, inviting them to claim PIP. The
invitation will explain how to make a claim, and the time limits for making a
claim:
• claimants who choose to claim PIP
(selfselectors) can do so from this date
• those DLA claimants who report a change
in their care or mobility needs will be invited to claim PIP
However, in September the wording of the second bullet point
was changed, so that it now states that amongst those who will be invited to
claim PIP will be:
• those claimants where we receive
information that there has been a change in their care or mobility needs
So, it appears it will not just be where the claimant
themselves inform the DWP of a change of circumstances that they will be
assessed for PIP, as the law requires.
Instead, where someone else, including a malicious neighbour
or relative using the anonymous National Benefit Fraud Hotline, reports that the
claimant is no longer in need of help with care or mobility, the claimant will
still lose their DLA and be assessed for PIP instead.
This approach appears to be confirmed by a poster on Rightsnet who explained:
“At our local JC+/customer/representative
forum meeting last week a DWP partner support manager brought the following
change of wording to the attention of the meeting (second bullet point on page
one of link)
“In his words anyone who was ‘bubbled’
(shopped) would be taken as if they were a ‘self selector’ in the DLA/PIP
reassessments.”
The decision about whether the claimant has been committing
fraud must still be based on the DLA criteria.
But even if it is decided that there has been absolutely no
change in their condition and they are the victim of a misguided or deliberately
malicious informant, the claimant will still lose their DLA and have to claim
PIP instead.
It will undoubtedly be cheaper and more convenient for the
DWP to assess claimants for PIP at the same time as they are investigating them
for DLA fraud. It saves coming back and looking at their claim again at the
proper time.
However, we know that large numbers of people are likely to
lose out under the transfer from DLA to PIP, including some people with mobility
problems and some people who need supervision because of serious mental health
conditions. Being assessed early for PIP, in some cases possibly by three or
more years, will therefore be a serious blow.
That, simply for administrative convenience, the DWP are
prepared to inflict this blow and in the process collude with hate-filled
anonymous callers, says a great deal about the way that claimants are now viewed
by the state.
Benefits and Work have made a Freedom of Information request
to try to uncover what guidance has been issued on how to treat DLA claimants
accused of fraud after 28th October.
Thanks to Mick Quinn on Rightsnet for highlighting
this issue
