- Posts: 4
× Members
Changed to PIP legislation 2017
- SSUK
- Topic Author
- Offline
Less More
7 years 2 months ago #182568 by SSUK
Changed to PIP legislation 2017 was created by SSUK
www.legislation.gov.uk/uksi/2017/194/regulation/2/made
Changes to help with medication and going outside
Can anyone make sense of these ?
Changes to help with medication and going outside
Can anyone make sense of these ?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 2 months ago #182570 by Gordon
See
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=114444
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changed to PIP legislation 2017
SS wrote: www.legislation.gov.uk/uksi/2017/194/regulation/2/made
Changes to help with medication and going outside
Can anyone make sense of these ?
See
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=114444
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- pomaus
- Offline
Less More
- Posts: 62
7 years 2 months ago #182598 by pomaus
Replied by pomaus on topic Changed to PIP legislation 2017
I have a question regarding the changes to descriptors.
last month i filled out my PIP form based on the current descriptors
a. Can plan and follow the route of a journey unaided. 0 points.
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points.
c. cannot plan the route of a journey. 8 points.
d. cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.
f. cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
Now the government is changing the law as of the 16th March to change the descriptors to include "For reasons other than psychological distress"
Now my question is. I answered the questions on the form prior to the change in descriptors which in my opinion is a totally different question, had I been asked the question in the new format, I may have structured my answer differently.
My claim has not been assessed yet, I have not had a F2F, how could it be legal for an assessor to assess my claim on the new descriptors when they were not the descriptors asked to me on the form?
last month i filled out my PIP form based on the current descriptors
a. Can plan and follow the route of a journey unaided. 0 points.
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points.
c. cannot plan the route of a journey. 8 points.
d. cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.
f. cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
Now the government is changing the law as of the 16th March to change the descriptors to include "For reasons other than psychological distress"
Now my question is. I answered the questions on the form prior to the change in descriptors which in my opinion is a totally different question, had I been asked the question in the new format, I may have structured my answer differently.
My claim has not been assessed yet, I have not had a F2F, how could it be legal for an assessor to assess my claim on the new descriptors when they were not the descriptors asked to me on the form?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 2 months ago #182620 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changed to PIP legislation 2017
Peter
The Descriptors have not been changed (yet)! It was the interpretation that was amended by the UTT Decision, however, as far as we are aware this was never communicated to assessors or Decision Makers, so they would have reviewed your claim as they always have. It would have been only Tribunals in the short term that would have taken the UTT Decision in to account.
Gordon
The Descriptors have not been changed (yet)! It was the interpretation that was amended by the UTT Decision, however, as far as we are aware this was never communicated to assessors or Decision Makers, so they would have reviewed your claim as they always have. It would have been only Tribunals in the short term that would have taken the UTT Decision in to account.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- pomaus
- Offline
Less More
- Posts: 62
7 years 2 months ago #182634 by pomaus
Replied by pomaus on topic Changed to PIP legislation 2017
Gordon sorry, not sure i explained myself correctly.
my claim has not been assessed yet as far as i know.
But my understanding of these changes coming in next month, would mean a change to the descriptors on the form as well as as interpretation guidance.
If someone does assess my case until AFTER the law changes next month (even though my form was filled in before the changes, the assessor will be judging my claim based on the NEW descriptors and Guidance notes? is that correct?
If so that would be extremely unfair and open to challenge surely?
my claim has not been assessed yet as far as i know.
But my understanding of these changes coming in next month, would mean a change to the descriptors on the form as well as as interpretation guidance.
If someone does assess my case until AFTER the law changes next month (even though my form was filled in before the changes, the assessor will be judging my claim based on the NEW descriptors and Guidance notes? is that correct?
If so that would be extremely unfair and open to challenge surely?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 2 months ago #182643 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changed to PIP legislation 2017
Peter
The DWP had the option of allowing claims already being processed to handled differently, they haven't, their argument will undoubtedly be that their guidance for making Decisions has not changed and does not change as a result of the amendment, they would not have assessed you as meeting the criteria anyway.
Gordon
The DWP had the option of allowing claims already being processed to handled differently, they haven't, their argument will undoubtedly be that their guidance for making Decisions has not changed and does not change as a result of the amendment, they would not have assessed you as meeting the criteria anyway.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris