Author Topic: December 2017 PIP ruling, (DWP Loses Court Case)  (Read 590 times)

lankou

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December 2017 PIP ruling, (DWP Loses Court Case)
« on: 21 Dec 2017 04:23PM »
Mind has just emailed me about this:-

https://tinyurl.com/yb7tdhpy

December 2017 PIP ruling

In December 2017 the courts ruled that changes to PIP discriminate against people with mental health problems. Read our information about what this might means for people claiming PIP.



What were the changes to PIP the Government made in March?

PIP is awarded in two parts. One part looks at how your mental health affects your daily life, and the other looks at how your mental health affects your ability to travel and make journeys. In March 2017 the Government changed the law so that people who find it hard to make journeys because they become very distressed are entitled to less support from PIP.

Under the changes it’s still possible to qualify for the higher amount of support from PIP if you have a mental health problem but it is harder because the Government will not take into account distress. It says that it still takes into account how your mental health might affect your thinking, memory, and attention, or your ability to keep yourself and others safe when making a journey.



What does the ruling say?

The ruling says that the changes the Government made to PIP earlier this year are unlawful because:
•They unjustifiably discriminate against people with mental health problems
•The Government didn’t consult on them
•The Government didn’t have the right powers to make them



I have a PIP assessment or appeal coming up. What will this mean for me?

It’s not yet clear what this will mean for you if you are waiting for a PIP decision in the next few months. There are likely to be more court cases about this later this year, and the Government can choose not to change anything until those cases have happened.

If you have an assessment or an appeal before then and you need support to travel and make journeys it’s important to give as much as evidence as you can about all of the different ways in which your mental health affects you. That can include :
•Anything that affects your thinking, concentration and memory
•Anything that makes it harder for you to be aware of risks or dangers
•Anything that makes it more likely you could be a risk to yourself or to people around you.
•Becoming very distressed.

If you can we would recommend you ask support from an organisation like Citizens Advice, when applying for PIP or challenging a decision.



I have been awarded PIP in the last few months what will this mean for me?

It’s not yet clear if you could be entitled to more support from PIP in the future, and the Government can choose not to change anything until after some further legal cases have happened later this year. We do not recommend asking to be reassessed early because the situation is still unclear, and there is a risk you may end up with a lower award.



I have been turned down from PIP in the last few months what will this mean for me?

Until the Government say what they will do next, it’s not likely that this decision will change the outcome you get if you apply for PIP again or if you appeal a PIP decision. If you can we would recommend you ask support from an organisation like Citizens Advice, when making a decision about applying for PIP or making an appeal.



When will we know more?

We think that further legal cases are likely to be held in June and we will know more then. In the meantime it’s possible that the Government might make an announcement to clarify what they will plan to do.

We are calling for the Government to accept the decisions they have been given by the courts, change the guidance they give people making assessments, and make a statement to clarify the situation for people with mental health problems.

 

KizzyKazaer

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Re: December 2017 PIP ruling, (DWP Loses Court Case)
« Reply #1 on: 21 Dec 2017 09:21PM »
 >tah< for posting;  I lost my own lower-rate mobility component in the transfer from DLA to PIP and have since been disgusted at the way the PIP rules exclude those suffering 'only' psychological distress.  A backward step that treats mental illness as a 'lesser' problem, perhaps not even a 'real' disability, so am very pleased the legal system has found a clear example of discrimination (and a cheap and nasty way to save money on disability benefits, IMO).

lankou

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Monic1511

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Re: December 2017 PIP ruling, (DWP Loses Court Case)
« Reply #3 on: 22 Dec 2017 07:45PM »
The interesting bit will be if the DWP reconsiders all the previous decisions in light of this judgement, but I suspect they might just send out another PIP2

Sunny Clouds

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Re: December 2017 PIP ruling, (DWP Loses Court Case)
« Reply #4 on: 25 Dec 2017 11:04AM »
When I recently applied for PIP, I filled in all the stuff to do with mobility, but it was all the physical stuff I told them.  I suppose if the government doesn't fight back on this, I'll have to start from scratch, but I'm weary.

Like so many people, on the PIP, I felt incredibly angry, but it was mainly the pathetic lack of any logical reasoning behind their decisions.  Quite frankly, if the government is going to discriminate against us (by which I don't mean just us 'mental' people, but disabled people in general), it might at least have the decency to do it up-front and honestly.
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)