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Changed to PIP legislation 2017

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7 years 3 weeks 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 ?

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7 years 3 weeks ago #182570 by Gordon
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

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7 years 3 weeks 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?

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7 years 3 weeks ago #182620 by Gordon
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

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7 years 3 weeks 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?

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7 years 3 weeks ago #182643 by Gordon
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

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