Changes to PIP rules from 16th March

mobbba wrote: Can you please explain the new and old rules and how they apply to an individual. I am sorry to appear thick But I just cannot get my head around what the difference is to a claim.

My claim has been in 6 weeks so I am on the old system but I would just like to know how it would affect my claim, good or bad?

Is it good news for applicants claiming prior to March 16th or after?

Thanks a million

OK

The situation is confused and I doubt it is going to get any clearer in the short term.

The situation concerns the Descriptors for the Going Out Activity, the Moving Around activity is not affected and the Managing Therapy activity.

Looking at Managing Therapy first, the change separates managing medication and managing therapy where before they were one, as a result it will only be possible to score one point for managing medication, managing therapy is not affected, however, activities such as applying creams etc. are now treated a being related to medication and will be treated accordingly.

As to the Going Out activity. The DWP have long maintained that Descriptors (c), (d) and (f) are in connection with cognitive and sensory problems and are specifically not in regard to mental health issues, which they view are covered by Descriptors (b) and (e). Their argument is that these Descriptors are to do with navigation and that claimants with mental health issues who would have problems completing the activities do not do so because they are unable to navigate, but for other reasons

There have been several UTT Decision in this area but nothing definitive until January when a three Judge panel rules that mental health issues could prevent a claimant from being unable to navigate a route.

The DWP immediately put forward a change to the Descriptors to it make clear that the effects of psychological distress are not relevant to them. This takes effect from 16 March.

Here's where it gets really confusing. The DWP issued no guidance to Decision Makers in regard to the UTT Decision and today have issued guidance that the new rules apply from the 16th. They have not qualified with any reference to existing claims and new Decisions.

In practical terms I don't think anybody, even if they have a claim made before the 16th should expect the DWP to implement the UTT Decision, this may only be something that can be argued at appeal. However, the rumour is that the DWP are going to appeal the three Judge Decision, that will certainly put any Tribunal relying on this Decision into abeyance until the matter is resolved.

Gordon

suep wrote: Hi. I have been looking at the advice to DWP Assessors re current changes to descriptor 3. Topical application of medication eg ointments and creams that contain a medication notably steroids seem to now only score 1 point. However I am confused where Continuous Emollient Therapy prescribed by a dermatologist fits in. This is a well documented therapy for eczema and the creams contain no medication.The example given in the assessors guide is that Tens machine would be therapy as the claimant can not use any more drugs but Tens would help alleviate the symptoms. Can this not apply to Continuous Emollient Therapy? Sorry this is a bit convoluted trying to get head round it all?

All you can do is argue your case, but one of the UTT Decision that prompted the change was in regard to the application of creams and the help needed to do this.

Gordon