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Thread: Claim for PIP

  1. #21
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    It has to be remembered that the PIP Assessment Guide is not binding legislation, even though it is DWP's official guidance to the assessment providers. It has a status sometimes referred to a quasi-legislation, which is an indication to how discretion (in this case the discretion to conduct PIP assessments) is normally exercised. In that role, it can be departed from when it is reasonable to do so - if it was stuck to too rigidly, that would be an error of law known as fettering of discretion. When someone is given discretion by the law, they are expected to use that discretion appropriately.

    It also provides guidance on interpretation of some areas of the PIP regulations, and in that role it is non binding. The only authoritative guide to the regulations are the regulations themselves, and the only binding interpretative guidance is the case law that develops in the Upper Tribunal and the courts. The last time I checked, PIP was still too new for there to be any reported Upper Tribunal decisions.

    In other words, the PIP Assessment Guide is a helpful document in understanding how PIP operates, but you cannot rely on it being followed exactly.

  2. #22
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    Thankyou Flymo and everyone else who has taken the time and trouble to answer my sometimes repetetive questions i do appreciate it greatly x

  3. #23
    Member Fieldymouse21's Avatar
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    Also, why did the HCP ask if i could drive and had i got a licence ? I was quite bewildered at this question as to what relevance it held in regard to any of the descriptors.
    Sorry for all the queries im not sure wether im posting questions correctly on here as did post a lengthy comment 2 posts before this one and not sure if others can see it .. Sorry to be a pain
    Last edited by Fieldymouse21; 18-05-14 at 17:48.

  4. #24
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    Quote Originally Posted by Fieldymouse21 View Post
    Also, why did the HCP ask if i could drive and had i got a licence ? I was quite bewildered at this question as to what relevance it held in regard to any of the descriptors.
    Sorry for all the queries im not sure wether im posting questions correctly on here as did post a lengthy comment 2 posts before this one and not sure if others can see it .. Sorry to be a pain
    I don't know. However I have to be honest and let you know is there any real point to this question. There is not much you can do but wait for a PIP award decision (if not already awarded). There is no point in going down the route of hypotheticals or asking why did the HCP ask that question. Every question they ask has a reason, one which may not be clear to you or I at the time but becomes obvious further down the line.

  5. #25
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    Quote Originally Posted by toolook View Post
    I don't know. However I have to be honest and let you know is there any real point to this question. There is not much you can do but wait for a PIP award decision (if not already awarded). There is no point in going down the route of hypotheticals or asking why did the HCP ask that question. Every question they ask has a reason, one which may not be clear to you or I at the time but becomes obvious further down the line.
    You are absolutely right toolook there is no point in wondering and pondering about specific questions the HCP asked only being content that you answered honestly. I think this whole process is starting to gnaw away at me and feel best thing to do is put it to rest and try to forget about it until i hear in due course.
    Again apologies for being a pain .

  6. #26
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    Quote Originally Posted by Fieldymouse21 View Post
    You are absolutely right toolook there is no point in wondering and pondering about specific questions the HCP asked only being content that you answered honestly. I think this whole process is starting to gnaw away at me and feel best thing to do is put it to rest and try to forget about it until i hear in due course.
    Again apologies for being a pain .
    No need to apologise, you are not being a pain. It is sometimes good to get another persons perspective. The process is long which is appalling, however I would recommend you be patient as you can only wait for your award. It should not be much longer for the DWP to give you a decision as the most of the waiting is to try to get an assessment done.

  7. #27
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    Quote Originally Posted by toolook View Post
    No need to apologise, you are not being a pain. It is sometimes good to get another persons perspective. The process is long which is appalling, however I would recommend you be patient as you can only wait for your award. It should not be much longer for the DWP to give you a decision as the most of the waiting is to try to get an assessment done.
    Cheers Toolook It is a case of waiting patiently now and as you said hopefully wont be too long now

  8. #28
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    Hi guys
    Another quiery ... As you know i am currently awaiting a decision on a PIP claim.
    I recieve no benefits whatsoever, although i was recieving child benefit for my daughter whos 17, but this ceased when she came out of her college course in October last year. She is due to restart college again in September14.
    My husband is on a low income and works full time for an agency, he recieves working tax credits of around £23.00 per week and recieves some housing benefit/ council tax benefit.
    He is my carer at present alongside with my daughter ( juggling it between themselves )
    Obviously if i am awarded PIP then my husband would be eligible to claim carers allowance , but i was wondering if i could be advised if there are any other benefits we amy be entitled to
    Oh just to mention i have been unable to work due to illness since 2008
    Many thanks x

  9. #29
    Senior Member beau's Avatar
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    Your husband would only be eligible to claim CA if he earns under £100 per week.

  10. #30
    Member Fieldymouse21's Avatar
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    Thankyou for the reply beau,
    I have relayed this information to him and he said thanks ( as it was he who asked me to raise the question )

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