
DWP Central Freedom of
Information Team
Caxton House
6-12 Tothill Street
London
SW1H 9NA
Paul Kent
freedom-of-information-
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxxx@xxx.xxx.xx
DWP Website
Our Ref: FOI2020/71699
01 December 2020
Dear Paul Kent,
Thank you for your Freedom of Information (FoI) request received on 18th November. You
wrote:
“Fol owing the MM decision July 2019 you are now reviewing a tranche of pip claims
decisions in relation to section 9 changes .
What process is in place to ensure that claimants who took their refused pip claim to
appeal and lost the appeal are also reviewed?
If this process is not automatic , please advise how claimants can be treated equally and
be reviewed.”
DWP Response
We can confirm that the Department holds the information you seek.
As part of the MM Administrative Exercise DWP will be conducting, we wil be checking
claims where claimants may be entitled to more points for Activity 9 (Engaging with other
people face to face), in line with the Supreme Court judgment. This will include looking at
disal owance decisions made by DWP since the Relevant Determination Date (6 April 2016).
However, DWP do not have the power to change decisions made by a Tribunal on the basis
that their decision is wrong in law. Therefore, we will not be reviewing cases where the award
decision, including a disal owance, was made, or upheld, by a Tribunal.
The Tribunal Service is independent of the Department and their decisions can only be
changed by another First-tier Tribunal or the Upper Tribunal.
For that to happen a claimant will need to seek ‘leave to appeal’ to the Upper Tribunal. There
are set timescales for doing this, although the Tribunal Service can consider an out-of-time
appeal. This is entirely a matter for the Tribunal Service, so it cannot be guaranteed that they
wil consider the application.
Alternatively, if a disallowed claimant’s circumstances have changed, they should consider
making a new PIP claim.
You wil be able to find more information about how to make a new claim at
www.gov.uk/pip.
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If you have any queries about this letter, please contact us quoting the reference number
above.
Yours sincerely,
DWP Central Freedom of Information Team
Department for Work and Pensions
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Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xx or by writing to: DWP Central FoI Team, Caxton
House, 6-12 Tothill Street, London, SW1H 9NA.
Any review request should be submitted within two months of the date of this letter.
If you are not content with the outcome of the internal review you may apply directly to the
Information Commissioner’s Office for a decision. General y, the Commissioner cannot make
a decision unless you have exhausted our own complaints procedure. The Information
Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.
Website:
ICO Contact Information or telephone 0303 123 1113 or 01625 545745
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