Length of awards
PIP is normally awarded for a fixed period - for example two or three years - although an indefinite award can be made if a fixed-term award would not be appropriate. Indefinite awards are ususally reviewed every 10 years.
Legislation
The rules relating to fixed term awards are set out in the Welfare Reform Act 2012.
Section 88, relating to claims, awards and information, provides that -
(1)...
(2) An award of personal independence payment is to be for a fixed term except where the person making the award considers that a fixed term award would be inappropriate.
(3) In deciding whether a fixed term award would be inappropriate, that person must have regard to guidance issued by the Secretary of State.
(4)…
Source: Section 88 of the Welfare Reform Act 2012, and article 93 of the Welfare Reform (Northern Ireland) Order 2015 (SI.No.2006/2015 (NI.1)).
NB - in Scotland, adult disability payment is replacing personal independence payment - see Social Security Scotland's guidance Scheduled reviews for ADP and Choosing an appropriate review period for Adult Disability Payment.
Case law
Commentary: Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.
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Tribunals are not obliged to follow PIP guidance in the Advice for Decision Making Guide relating to fixed-term awards
- [2021] NICom 54
- C29/21-22(PIP)
- DT v Department for Communities (PIP)
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Whether PIP appeal can be pursued where sole issue of challenge is question of appropriateness or length of a fixed term award
- [2019] UKUT 30 (AAC)
- CPIP/1057/2018
- GT v Secretary of State for Work and Pensions (PIP)
- Factors to consider when deciding the duration of a PIP award
- [2016] UKUT 85 (AAC)
- UK/5459/2014