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21
From Rightsnet & not sure its any different from the detail already posted - I can often understand the rightsnet explanation better though

Government announces it will not appeal High Court judgment that found PIP mobility amendment regulations unlawful
Secretary of State also says earlier decision relating to psychological distress and mobility will also be implemented
The government has announced that it will not appeal a High Court judgment that found personal independence payment (PIP) mobility amendment regulations unlawful.
In a written statement in the House of Commons today, Ms McVey announced that 'after careful consideration' she has decided not to appeal the High Court's judgment in RF v SSWP & Ors [2017] EWHC 3375 (Admin) that found regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 unlawful.
NB - the 2017 regulations came into effect on 16 March 2017 and were laid in response to the Upper Tribunal decision in MH v Secretary of State for Work and Pensions [2016] UKUT 0531 (AAC). The new regulations had the effect of excluding eligibility in respect of three of the mobility activity 1 descriptors - 1c, 1d, and 1f - if the cause of the claimant meeting the descriptor would have been psychological distress.
Introducing her statement by saying that support for people with mental health conditions is a 'top priority' for the government, Ms McVey goes on to explain that -
'On 21st December 2017 the High Court published its judgment in the judicial review challenge against regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 S.I. 2017/194. The Regulations reversed the effect of the Upper Tribunal judgment in MH.
I wish to inform the House that, after careful consideration, I have decided not to appeal the High Court judgment. My Department will now take all steps necessary to implement the judgment in MH in the best interests of our claimants, working closely with disabled people and key stakeholders over the coming months.
Although I and my Department accept the High Court’s judgment, we do not agree with some of the detail contained therein. Our intention has always been to deliver the policy intent of the original regulations, as approved by Parliament, and to provide the best support to claimants with mental health conditions.
The Department for Work and Pensions will now undertake an exercise to go through all affected cases in receipt of PIP and all decisions made following the judgment in MH to identify anyone who may be entitled to more as a result of the judgment. We will then write to those individuals affected, and all payments will be backdated to the effective date in each individual claim.'
Ms McVey's written statement is available from parliament.uk

22
Cafe / Re: Re-launching the ship happyness by bulekingfisher
« Last post by huhn on January 19, 2018, 07:45:02 PM »
a little note from me, island has more volcanos then professional footballers.
23
News and Current Affairs / Ministers back down in legal battle over disability benefits
« Last post by lankou on January 19, 2018, 07:10:39 PM »
This is good news for once.
http://www.bbc.co.uk/news/uk-politics-42745616

Ministers back down in legal battle over disability benefits 42 minutes ago
Ministers have backed down in a row over paying higher disability benefits to 164,000 people by saying they will not contest a High Court decision.

Work and Pensions Secretary Esther McVey said she would not appeal December's judgment over payments to people with mental health conditions.

Ministers had sought to limit those suffering psychological distress from claiming higher rates of benefits.

Campaigners said this was "crude and unfair" and welcomed the u-turn.

The government introduced regulations last March stating that people who could not travel independently on the grounds of psychological distress, as opposed to other conditions, were not entitled to the enhanced mobility rate of Personal Independence Payment.




Ministers pressed ahead with the proposals despite criticism from an independent tribunal in 2016 but the High Court ruled shortly before Christmas that they were "blatantly discriminatory".

The government was expected to challenge the ruling, having previously said reversing the changes would cost an extra £3.7bn by 2022.

But Ms McVey, in one of her first major announcements since joining the cabinet last week, ruled out fresh legal action in a written statement to Parliament.

"My department will now take all steps necessary to implement the judgment in the best interests of our claimants, working closely with disabled people and key stakeholders over the coming months," she said, adding that all payments would be backdated to the effective date in each individual claim.

"Although I and my department accept the High Court's judgment, we do not agree with some of the detail contained therein.

"Our intention has always been to deliver the policy intent of the original regulations, as approved by Parliament, and to provide the best support to claimants with mental health conditions."

'Indefensible'

The Department for Work and Pensions will now go through all affected cases to identify anyone who may be entitled to more as a result of the judgment.

All payments will be backdated to the effective date in each individual claim.

Labour's shadow work and pensions secretary Debbie Abrahams said ministers had been wrong to "ignore" the view of an independent tribunal and to try and "defend the indefensible".

"Serious questions remain including, how many people have been adversely affected by the government's reckless decision to oppose the tribunal's original judgment?," she said.

"And how quickly will people with severe mental health conditions receive the support to which they are rightly entitled? This is yet more evidence of the duplicity and disarray of the Tories' social security policies."

Mark Atkinson, chief executive of disability charity Scope, said the original proposals were discriminatory.

"This announcement is a victory for the many disabled people who have been unable to access support they are entitled to. The regulations introduced last March made crude and unfair distinctions between those with physical impairments and mental health conditions."

24
Welfare Rights / Re: Mail arrived, I am in a bad way.
« Last post by SteveX on January 19, 2018, 05:33:46 PM »
I am expecting to fail too, I always do and get 0-5 points, that's happened every time so far and I've had to take it to a tribunal, so I am expecting it to be the same, but even so, the 'so-called' medical is still intensely stressful and anxiety causing and what makes it even worse is that they never see you on time, they always leave you waiting 30-50 mins so they can "monitor" you in the waiting room.

Seriously, you wouldn't treat animals like they treat us.  my appointment is next saturday (seriously, an appointment on sat?!??) and I'm already losing sleep, eating less and worrying myself to death about it. (even though I know its an utter joke and I'll get 0-5 points, and yes I've actually been awarded 0 points before now.   it's insulting)

I wish you guys luck and hope we manage to get through this ordeal somehow.
25
Cafe / Re: Sailing yachts around the world.
« Last post by Prabhakari on January 19, 2018, 01:26:48 AM »
Wanderer IV is speeding through the night, below Africa. Local time is 03:22 so Sunrise is around an hour away.
Our position is S37.46
                      E26.59

It is a calm night, in comparison to Vancouver. We are doing around 10 knots and our course is 120 degrees at present. The water under the keel is around 10300 feet. Deep enough to see whales.
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Cafe / Re: Sailing yachts around the world.
« Last post by Prabhakari on January 18, 2018, 06:28:27 PM »
There is a huge storm raging off Vancouver. The seas are high and the spray is fierce and blinding. sailing under reefed mainsail.
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Cafe / Sailing yachts around the world.
« Last post by Prabhakari on January 18, 2018, 07:18:57 AM »
I have been sailing since June last year. One voyage has been logged via Mustardland.
So far I have been all round the U.K., going from the Norfolk coast, up to Scarpa Flow, the Hebrides, the Irish Sea, then up the Channel and inside the Isle of Wight and finishing back where the voyage begun.

I have always wanted to follow historic voyages. So I am using the fastest Yacht to sail round the world. As I am aware that my health could stop this, I am sailing with the current winds, via Africa and the Cape of Good Hope, across the Indian Ocean to Australia and onward across the Pacific and home, via Cape Horn.

At the moment, Wanderer IV is sailing southward and eastward, below the Cape of Good Hope, after a stop at Cape Town. The weather is real, so one is totally at the mercy of the wind. Wanderer IV is doing just over 10 knots just now, with some cloud in the sky. The boat is heeled at 28 degrees. I have seen dolphins and whales while sailing. These and sea-birds have been added to bring things more to life.

One can alway tell when a whale surfaces, as there is a big bang that sounds like the side of the hull has just been hit.

The other yacht I am sailing for Mustardland is The Catty Snork.

There are plenty of videos on U Tube about Sailaway. It is one of the few things I can still do, so I value it greatly.

 >wheelchair< Being Peace, Prabhakari.
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Talk / Re: Two reports people here may be interested in.
« Last post by JLR2 on January 17, 2018, 11:16:22 PM »


''Recording assessments''

''In a written reply to the work and pensions committee last month, Atos - now known as Independent Assessment Services – explained to the committee the current regime for recording medicals. This includes''

''◦Giving three working days’ notice that you intend to record the assessment''

That is to say the claimant has to give the 3 days notice of their intention to record the assessment

''◦Signing a ‘recording agreement’ which seeks to limit how you can use the recording''

As the recording will be permitted under government rules Atos should have no say in how a claimant chooses to use their recording, a claimant might want to either post a copy of their recording on the web or send it to a newspaper which no doubt Atos would seek to prevent

''◦Providing your own simultaneous recording equipment which can produce two copies and which must not include laptops, tablets, smartphones or MP3 players.''

First if a claimant is seen to be able to operate such equipment they'd be told PDQ that they are fit to work and second, if a claimant were able to manage to obtain such equipment and get it to an assessment facility they'd be doing quite a job as given the size of the simultaneous recording devices used in the like of Police stations they are way too big for most disabled folk to carry about.

''However Atos went on to say that they “would fully support introducing a simple, straightforward process for the recording of assessments if the DWP select to introduce this facility”.''

Simples, let Atos record on their own equipment whilst the claimant records on their recorder.

''The chances of the DWP agreeing to this seem exceedingly small, however.''

The DWP would have no problem agreeing to this, however they might have a problem with taking the time to actually listen to any recordings just as they hardly appear to take the time to read the reports provided to them before refusing a claimant's claim relying on the appeals process to come to a decision at some point in the distant future.
29
Talk / Re: Two reports people her may be interested in.
« Last post by Fiz on January 17, 2018, 12:46:02 PM »
I don't understand why people make 'tip offs' they can't possibly know the pain anyone is in or the mental health problems someone might have, they don't know that when someone is seen they may be having a very rare 'good' day. I think it stems from jealousy myself.

I'm talking about the majority of tip offs obviously, the cases highlighted in TV programmes where someone who claims to be unable to walk but belongs to the local running club and runs a few miles with the club each week are totally different but people like that are a tiny minority fuelling suspicion towards anyone claiming disability benefits.

But the vast majority of tip offs are made by jealous or vindictive people imo.
30
Talk / Two reports people here may be interested in.
« Last post by lankou on January 17, 2018, 10:36:20 AM »
From the Benefits and Work Website:-

https://www.benefitsandwork.co.uk/news/3705-almost-90-of-benefit-fraud-tip-offs-are-wrong

The Independent has today published figures showing that 87% of tip-offs to the DWP about benefit fraud were closed because there was little or no evidence of fraud.


https://www.benefitsandwork.co.uk/news/3706-atos-would-fully-support-the-recording-of-pip-assessments

Atos ‘would fully support’ the recording of PIP assessments
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