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J Roberts
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Our Ref: FOI2020/01618
Date 31 January 2020
Dear J Roberts,
Thank you for your Freedom of Information (FOI) request received on 15 January.
You asked:
“
In IR v SSWP (PIP) [2019] UKUT 374 (AAC) it was decided that the stock letter sent to a
claimant notifying him of an appointment with an HCP in respect of PIP was insufficient to
warrant a benefit sanction because he failed to attend:
https://assets.publishing.service.gov.uk/media/5e1f081e40f0b610fcf6374e/CPIP_2941_2018-
00.pdf
'38. For the reasons already given I do not consider that this is “the language of clear and
unambiguous mandatory requirement” (as required by Hooper v Secretary of State for Work
and Pensions). It needed to be clear and unambiguous about the mandatory nature of the
requirement, e.g.: “YOU MUST ATTEND THIS APPOINTMENT. IF YOU FAIL TO ATTEND
WITHOUT GOOD REASON THE DECISION MAKER AT THE DEPARTMENT FOR WORK
AND PENSIONS WILL DISALLOW YOUR CLAIM."'
On the key passage from the letter:
'29. "...It is important that you attend this appointment. If you fail to attend without good
reason the decision maker at the Department for Work and Pensionsis likely to disallow your
claim.If you can’t attend please contact our Customer Service Centre straightaway on [phone
number to be inserted].”'
Judge Wikeley wrote:
'34. I am not persuaded that the letter imposes a mandatory legal requirement as such. The
key passage is that in bold (see paragraph 29 above). The first sentence is that “It is
important that you attend this appointment”. This by itself plainly fails the test as laid down in
the case law.'
Please provide the current letters used by ATOS and Capita to notify claimants of
appointments with HCPs for PIP assessments.”
DWP Response:
As requested, please find attached the Personal Independence Payment (PIP) appointment
letters that are used by the PIP assessment providers, Independent Assessment Services
(IAS) and Capita.
If you have any queries about this letter, please contact me quoting the reference number
above.
Yours sincerely,
Contracted Health and Employment Services FOI Team
Department for Work and Pensions
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