personal independence payment
📖 What is personal independence payment? Meaning and definition
Personal Independence Payment, often referred to as PIP, is a benefit administered by the Department for Work and Pensions. It is intended to provide financial support to individuals who face additional costs due to a long-term physical or mental health condition or disability. The benefit is assessed based on how a person's condition affects their ability to carry out daily living activities and their mobility, rather than the condition itself. This assessment often involves providing information and evidence, typically through a 'PIP2 form'.
Claims for PIP can be complex, and issues may arise regarding the timing of claims or appeals. For instance, the deemed date of a claim is important, as seen in cases where a legal error led to a tribunal setting aside a decision and re-making it to establish an earlier claim date. This highlights the procedural aspects and regulations governing when a claim is officially considered to have been made.
Appeals against PIP decisions are heard by the First-tier Tribunal and can progress to the Upper Tribunal. These appeals often involve detailed consideration of how a claimant's condition impacts specific 'daily living activities' or 'mobility activities'. For example, a tribunal might examine whether a claimant's condition affects their ability to 'engage with other people' due to psychological distress or behaviour that poses a substantial risk, as this can influence the award of PIP.
📋 Requirements
- A claim for PIP must be made, typically involving the submission of a PIP2 form.
- The claimant must provide information and evidence to determine their ability to carry out daily living or mobility activities.
- The assessment considers whether the claimant has limited or severely limited ability in these activities.
- The impact of a long-term health condition or disability on daily living or mobility is key.
📝 Procedure
- A claim for Personal Independence Payment is initiated.
- The claimant is required to provide information and evidence, often by returning a PIP2 form.
- The Department for Work and Pensions determines whether the claimant has limited or severely limited ability in daily living or mobility activities.
- If dissatisfied with the decision, the claimant can appeal to the First-tier Tribunal.
- Further appeals can be made to the Upper Tribunal if there is an error of law in the First-tier Tribunal's decision.
💡 Examples
- A person making a first claim for PIP might be granted an extension to submit their PIP2 form after a legal error was found in the initial processing of their claim.
- An appeal against a PIP decision might be allowed by the Upper Tribunal because the First-tier Tribunal failed to adequately explain why a claimant's emotionally unstable personality disorder did not satisfy a daily living activity…
- A tribunal might re-make a decision to establish an earlier 'deemed date' for a PIP claim, ensuring the claimant's entitlement is considered from a more appropriate starting point.
- An appeal concerning the timing of a PIP claim might be admitted even after the usual 12-month extension period, if exceptional circumstances mean that refusing it would undermine the right of appeal.
📚 Legal basis
- Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (SI 2013/380)
❓ Frequently asked questions
What is a PIP2 form?
The PIP2 form is the document used to provide detailed information and evidence about how your health condition or disability affects your daily living and mobility, which is crucial for determining your Personal Independence Payment claim.
What does 'deemed date of the claim for PIP' mean?
This refers to the official date from which your claim for Personal Independence Payment is considered to have started, which can be important for calculating any payments you might be entitled to.
Can I appeal a PIP decision?
Yes, if you are unhappy with a Personal Independence Payment decision, you can appeal to the First-tier Tribunal, and potentially further to the Upper Tribunal if there's an error in law.
What are 'daily living activities' in the context of PIP?
These are specific tasks that are assessed to determine your eligibility for Personal Independence Payment, such as preparing food, washing and bathing, managing therapy or medication, and engaging with other people.
What happens if I miss the deadline to submit my PIP2 form?
In some circumstances, such as where a legal error has occurred, you might be granted an extension to submit your PIP2 form, but it is always best to submit it within the given timeframe.
What is the role of the First-tier Tribunal in PIP cases?
The First-tier Tribunal hears appeals against decisions made by the Department for Work and Pensions regarding Personal Independence Payment claims, reviewing the evidence and making a new decision.