- Posts: 157
× Members
PIP mobility
- carmind
- Topic Author
- Offline
Less More
7 years 1 month ago #182883 by carmind
PIP mobility was created by carmind
I am representing a client tomorrow morning and intended to argue for a mobility award, in line with the recent Upper Tribunal decision. However, now the government has announced that they intend to introduce changes in regulations to reverse this decision.
My question is, if my client wins tomorrow will the regulation changes be retrospective and so subject her to an Upper Tribunal appeal by the DWP? Lower Tribunal is enough of an ordeal for her!
Help!
My question is, if my client wins tomorrow will the regulation changes be retrospective and so subject her to an Upper Tribunal appeal by the DWP? Lower Tribunal is enough of an ordeal for her!
Help!
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 1 month ago #182909 by Gordon
The Regulations don't come into effect until 16 March so should not be applied to any Decision before then.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mobility
carmind wrote: I am representing a client tomorrow morning and intended to argue for a mobility award, in line with the recent Upper Tribunal decision. However, now the government has announced that they intend to introduce changes in regulations to reverse this decision.
My question is, if my client wins tomorrow will the regulation changes be retrospective and so subject her to an Upper Tribunal appeal by the DWP? Lower Tribunal is enough of an ordeal for her!
Help!
The Regulations don't come into effect until 16 March so should not be applied to any Decision before then.
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.
- carmind
- Topic Author
- Offline
Less More
- Posts: 157
7 years 1 month ago #182915 by carmind
Replied by carmind on topic PIP mobility
But will they be re-assessed in light of the new regulations?? I'm getting old and cynical!!
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 1 month ago #182923 by Gordon
The can't, they are not law until the 16th.
Be aware the UTT Decision only opens the door, you will still need to show how your clients mental health problems would impact on their ability to follow a route.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mobility
carmind wrote: But will they be re-assessed in light of the new regulations?? I'm getting old and cynical!!
The can't, they are not law until the 16th.
Be aware the UTT Decision only opens the door, you will still need to show how your clients mental health problems would impact on their ability to follow a route.
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