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PIP renewal letter

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8 years 1 month ago #152656 by Robinson_jon
PIP renewal letter was created by Robinson_jon
The Evason report and affected people who live on the mainland

Hi. I have a query that potentially affects my PIP renewal. I am originally from Northern Ireland, and my primary condition is PTSD, secondary is Mechanical Back pain. My conditions are 'Troubles' related, and to protect my safety, I was advised by the Police Service of Northern Ireland to relocate to the 'mainland', which I did.

I have previously been awarded PIP at the higher rate (daily living) and standard rate (mobility). I previously had to appeal the original decision, using classified documents relating to my time in Northern Ireland.

I'm concerned that I will have to go through a similar set of problems when I renew shortly. I have noticed in the media, that the 'Evason welfare report', part of 'The Fresh Start Agreement' awards people with NI conflict related health problems extra points to ensure they reach at least the minimum required 8 points. My question is: what statutory authority does this report have on NI residents with conflict related injuries who cannot remain in Northern Ireland as a result of their personal security being at risk?

Thank you.

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8 years 1 month ago - 8 years 1 month ago #152671 by slugsta
Replied by slugsta on topic PIP renewal letter
Hi Jonny,

I'm afraid I have no knowledge of this report or whether it would apply to anyone not living in NI, for whatever reason. If your experience with 'The Troubles' was via the Armed Forces you might find that an ex-service persons' organisation could help?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by slugsta.

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8 years 1 month ago #152680 by Gordon
Replied by Gordon on topic PIP renewal letter

JonnySkell wrote: The Evason report and affected people who live on the mainland

Hi. I have a query that potentially affects my PIP renewal. I am originally from Northern Ireland, and my primary condition is PTSD, secondary is Mechanical Back pain. My conditions are 'Troubles' related, and to protect my safety, I was advised by the Police Service of Northern Ireland to relocate to the 'mainland', which I did.

I have previously been awarded PIP at the higher rate (daily living) and standard rate (mobility). I previously had to appeal the original decision, using classified documents relating to my time in Northern Ireland.

I'm concerned that I will have to go through a similar set of problems when I renew shortly. I have noticed in the media, that the 'Evason welfare report', part of 'The Fresh Start Agreement' awards people with NI conflict related health problems extra points to ensure they reach at least the minimum required 8 points. My question is: what statutory authority does this report have on NI residents with conflict related injuries who cannot remain in Northern Ireland as a result of their personal security being at risk?

Thank you.


As far as I can see this is just a report that makes some recommendations, the primary legislation would need to be amended for it to have any effect on the points being awarded for PIP, as the report was only published on 19 January there has been no opportunity for this to be done, if indeed it will be. At best this would only affect Northern Ireland as it has it's own legislation for benefits.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta

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8 years 1 month ago #152764 by Robinson_jon
Replied by Robinson_jon on topic PIP renewal letter
Hi Gordon. The primary legislation for the Evason report is the NIA Bill 77/11-16 Budget Bill. This passed the final stage on 23/02/2016 and is currently waiting Royal Assent from Liz. Link:

www.niassembly.gov.uk/assembly-business/...-bill2/budget-bill2/

Under the DEPARTMENT FOR SOCIAL DEVELOPMENT section there was an agreed increase of £50 million to meet the costs of the 'Fresh Start Agreement' (Evason report).

I agree that it would only affect Northern Ireland, however as I already stated my reasons for living in England were not through personal choice. I was force relocated by the PSNI. I feel I am at a disadvantage through something that was not of my choosing.

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8 years 1 month ago #152781 by Gordon
Replied by Gordon on topic PIP renewal letter

JonnySkell wrote: Hi Gordon. The primary legislation for the Evason report is the NIA Bill 77/11-16 Budget Bill. This passed the final stage on 23/02/2016 and is currently waiting Royal Assent from Liz. Link:

www.niassembly.gov.uk/assembly-business/...-bill2/budget-bill2/

Under the DEPARTMENT FOR SOCIAL DEVELOPMENT section there was an agreed increase of £50 million to meet the costs of the 'Fresh Start Agreement' (Evason report).

I agree that it would only affect Northern Ireland, however as I already stated my reasons for living in England were not through personal choice. I was force relocated by the PSNI. I feel I am at a disadvantage through something that was not of my choosing.


This is a funding bill, I can't see anything in it that suggest that claimants would receive extra points under PIP. I've also checked the draft Welfare Reform Bill and can see nothing in the that either.

There may be plans to include such a clause in the PIP legislation for Northern Ireland, but even if there were and I'm not trying to diminish your PTSD, but there will undoubtedly be an argument that as you are no longer under threat that the affect will be diminished and so any "special" points would not be justified.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 1 month ago #153650 by Robinson_jon
Replied by Robinson_jon on topic PIP renewal letter
Hi. I noticed a thread about PIP renewal recently, but haven't seen an answer to the following question. If it had been answered before, then apologies.

I applied for PIP in June 2013. After it was refused, I successfully appealed it and was awarded higher rate daily living and lower rate mobility for 3 years. The whole appeals process took 18 months, of which B&W guides helped immensely.

When the backdated award was being paid, a lady from the DWP contacted me. She said that shortly before the expiry of my current claim, I would receive a letter inviting me to reclaim and all I would have to do is confirm that my condition was still the same. I didn't think it would be that simple, but agreed with her.

I have experience of helping people apply for PIP and they all were awarded it without an appeal, however their reassessment came in the form of a pack with an application form.

My reassessment letter arrived today, 14 weeks before the award ends, as per DWP guidance. However all that has arrived is the letter inviting me to call DWP to make a new claim.

Is this a new method? Is it because I won an appeal? And dare I say it: is my reclaim going to be as simple as the DWP lady made out?

Thanks in advance.

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