DWP phone offer before PIP tribunal

Hi - I am helping with a PIP tribunal case. The appeal has been lodged and DWP were meant to send bundle by 1st September. They have not sent bundle but on 2nd September (a Saturday!)phoned and offered standard rate for both DL and mobility. However we feel that award should be at enhanced rate - condition is MS and friend has deteriorated a lot and will continue to do so. 0 points were awarded for PIP claim (DWP decision has based it on claim from 2019 and appear to have disregarded PA4 report done in Feb 2023 which suggests 11 points for DL and 10 for mobility) - submitted MR plus more medical evidence and again 0 points. Now suddenly received phone offer but not paperwork from DWP (so after 4 week window) - friend feels that this would give him a lump sum and a weekly payment and is anxious that if refuses offer may not get anything. Feel that it is a strong case to take to tribunal but if DWP offer refused will this harm case?

Hello

I am not an expert in any of this so if I say something incorrect then I would be happy if a Mod can correct me but it is in my opinion that you can accept the offer then wait until the new award letter arrives then submit a new appeal. So if your friend is anxious about losing the offer then he can accept the offer have standard for both and have the lump sum and weekly income then later put in an appeal again for a higher award. If it goes to appeal then his award for standard on both would be safe because the tribunal will give your friend a warning that his award for standard on both would be at risk and he will have the opitunity to remove his appeal and keeping the award for standard on both.

Again this is what I would do personally if I was in your friends position that way your friend has a weekly income and nothing to lose

Just my personal thoughts if they are any help to you or anyone else in a similar situation.
Waxwing

Hi
Thank you both for replies. I did a bit of research online and found that there had been a judicial case in July 2021 and the attached document is the guidance the DWP is now meant to follow. This is a link to the case publiclawproject.org.uk/latest/dwp-to-st...-low-benefit-offers/
From this it would seem that you can accept the offer and then appeal when you get the 'decision letter' from the DWP- which would mean my friend would get some money in the meantime. However, I wasn't sure if the appeal once the letter was received would be an MR or would be another appeal to tribunal? Do you know?
Thanks