If you are still not satisfied with our decision or explanation, you can appeal.
An independent Tribunal Service will hear your appeal.
They should not be assessed as able to carry out an activity unless they can do so “safely”.
In March 2017, a Three Judge Upper Tribunal panel held that a PIP activity cannot be carried out safely does not require that the occurrence of harm is “more likely than not”.
However, during consultations about the design of PIP the DWP refused to include this provision within the new benefit’s rules.
The DWP has updated its PIP assessment guide following case law relating to the ability to carry out a PIP descriptor activity “safely”.
Entitlement to PIP is determined by an assessment of a disabled person’s ability to carry out specified daily living and mobility activities.
As a result, many disabled people, for example those with conditions such as epilepsy, have not successfully moved from DLA to PIP or been awarded a reduced rate of benefit.
The quality of Health Care Professional (HCP) reports has been the subject of continual criticism since PIP was introduced.
An overpayment occurs when you have been paid Benefit that you were not entitled to receive.