Page 88 - Reforming Benefits Decision-Making -(updated - August 2021)

recording of the assessment, and it should be a requirement that they
listen to it at this point.

Take it or leave it offers

3.25 Welfare rights advisors from a number of organisations, including CPAG,
Law for Life and the Law Centres Network have reported that the DWP is
contacting appellants appealing PIP decisions by phone prior to providing its
response to the Tribunal and making them a revised benefits offer to the
decision under appeal. Members of our working party stated that the same
thing was happening with their clients. These offers are often for an award
that is more than the appellant was originally told they were entitled to, but
less than the appellant is arguing that they should receive on appeal.

3.26 The DWP has said that it wants to make sure claimants get the right outcome
and it is right that appeals should be looked at again if there is additional
evidence, rather than waiting for the appeal to be heard. However, the
Guardian has reported that in many cases claimants were given an hour or less
to decide, which is clearly insufficient time to seek advice, particularly for
appellants who require additional support because of mental health conditions
or vulnerabilities. It also reported that in many cases appellants were not
informed of their right to appeal against the revised decision and that offers
were not recorded until after the appellant agreed to the deal. In addition,
claimants were being contacted directly rather than their appointees. 245
Claimants who spoke to the Guardian said they felt pressured to make an on-
the-spot decision and were worried that they would receive less if they went
246
to the Tribunal.
3.27 It is DWP policy that where a revision would not give the appellant
everything they are asking for and the appellant chooses to continue the
appeal, the decision will not be revised. The rationale for this is that the

245 Someone appointed to deal with a claimant’s benefits because the claimant is unable to manage their
own affairs due to ill-health or disability.
246 F. Ryan, ‘DWP accused of offering disabled people ‘take it or leave it’ benefits’ (The Guardian, 2
March 2020). The Public Law Project and Advicenow have brought a judicial review challenge to
DWP’s 'offers policy’, which is due to be heard next month.

79