pipinfo

Issues »

Providing information

Failure to comply with requirements for providing information (such as returning the PIP1 or PIP2 forms) can lead to loss of entitlement. Claimants may need to show good reason to extend the time limit for returning the PIP1/PIP2 or for not returning it at all.

Legislation

The rules for providing information to establish a date of claim, or to enable a decision to be made about daily living or mobility abilities, are in regulations.

Where a claim is not made by phone or electronic communication, regulation 12(1) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 provides that the date of claim is - 

... where a person first notifies an intention to make a claim and provided that a claim made in writing ... is properly completed and received at the appropriate office designated by the Secretary of State in that claimant's case within one month or such longer period as the Secretary of State considers reasonable of the date of first notification, the date of first notification.

Regulation 8 of the Social Security (Personal Independence Payment) Regulations 2013 provides -

(1) The Secretary of State may require [the claimant] to provide any information or evidence required to determine whether [the claimant] has limited ability or severely limited ability to carry out daily living activities or mobility activities.

(2) Where information or evidence is requested under paragraph (1), [the claimant] must provide the information or evidence to the Secretary of State within one month from the date of the request being made or within such longer period as the Secretary of State may consider reasonable in the circumstances of the particular case.

(3) Where [the claimant] fails without good reason to comply with the request referred to in paragraph (1), a negative determination in relation to the component to which the failure related must be made. 

Regulation 10 of the Social Security (Personal Independence Payment) Regulations 2013 provides -

10.  The matters to be taken into account in determining whether [the claimant] has good reason under regulation 8(3) or 9(2) include —

(a) [the claimant]'s state of health at the relevant time; and

(b) the nature of any disability that [the claimant] has.

Sources:

NB - in Scotland, adult disability payment is replacing personal independence payment and regulation 35 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (SSI.No.54/2022) provides for a time limit of eight weeks to return the further information, or longer where there is good cause.

See also Social Security Scotland's guidance Applying for Adult Disability Payment.

Case law

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