DWP refusal to accept a claim for PIP because the claimant has not yet been allocated a national insurance number

Use this template if your client:

• has a disability and will be entitled to PIP once assessed
• does not yet have a national insurance number (whether or not they have already applied for one)
• called the PIP claim line to make a claim for PIP and was told ‘you must apply for / be allocated a national insurance number before you can claim PIP’

When not to use

Do not use this letter if:

• Your client has had a decision refusing them PIP, in which case your client should seek a mandatory reconsideration and then appeal.

The main legal argument in this template is that: 

There is a public law duty for public bodies to follow their published policies. DWP guidance demonstrates DWP policy. DWP's PIP guidance says when a claimant makes a claim for PIP and does not have a a NINo, the DWP must check their eligibility for PIP as per the PIP1 form, record the claimant as a 'Prospect person' and send them a paper PIP2 form. Then, on receipt of the completed PIP2, DWP must refer the claimant for NINo allocation. Refusal to accept your client's claim because they do not have a NINo, unlawfully fails to follow the DWP's published policy.

Information about your client

• name
• address
• date of birth (DoB)
• nationality and right to reside, if relevant

Background facts

Such as:

• details about your client’s disability
• date and what was said when they called the PIP helpline to claim PIP
• if they have already applied for a NINo, details including what evidence has been provided to support their application
• any steps taken to try to resolve the issue already, including dates
• what financial hardship your client is experiencing as a result of DWP's PIP gatekeeping, any risk to their being able to afford to pay for their housing, heating or food
• any need to use food banks
• any detriment to their health and welfare or to any of their family member’s health and welfare

Information relating to the decision

• the date of the DWP's refusal to accept your client's claim, and what was said

We've created this guide is to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.