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Descriptor f question13 moving around

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7 years 3 weeks ago #182202 by tonisdad
Descriptor f question13 moving around was created by tonisdad
Mods please feel free to move edit condense as you see fit this is third post .

Partner has just been awarded enhanced rate for Q13 moving around gaining 12 points for:
descriptor f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.
The PIP application was sent end of December and I put a lot of emphasis on the fact husband does not leave the house and has not done for a few years due to anxiety/stress but also he does not have mental capacity to plan or follow a familiar route. This was before the Upper Tribunal decided:
descriptor (f) can’t apply if you never go out
The tribunal decided that if e) applies to you and you never undertake a journey because of
overwhelming psychological distress, then f) cannot apply because you would not be able to follow a route even if you had another person with you.
How I see it is whoever has done the assessment is not up to speed with latest legislation or have I read it wrong.
Thoughts?

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7 years 3 weeks ago #182225 by Gordon
Replied by Gordon on topic Descriptor f question13 moving around
tonisdad

Decision Makers do not take direct notice of UTT Decisions, they are required to operate within a set of boundaries set by the DWP. I would expect an internal memo to be issued, if it hasn't already, updating their internal guidance.

That said, I do not think that the change in guidance would have had any effect on your partner's Decision as the rules they operated under were far stricter than they potentially are now. Basically, if they awarded (f) then it is because they believed that they met the criteria.

Gordon

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

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7 years 3 weeks ago #182230 by tonisdad
Replied by tonisdad on topic Descriptor f question13 moving around
Thank you for your reply

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