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Changes to PIP legislation as of March 2017

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7 years 3 weeks ago #182661 by mandy76
Why can an UT decision be overturned by the Government so easily by way of statutory instrument? Can this not be challenged? It seems that every time a UT decision is made that may entitle people to more points the Government changes the law! How is this fair?

Any idea when a new guide will be published?

Many thanks.

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7 years 3 weeks ago #182680 by Gordon
Replied by Gordon on topic Changes to PIP legislation as of March 2017

phidgity wrote: Why can an UT decision be overturned by the Government so easily by way of statutory instrument? Can this not be challenged? It seems that every time a UT decision is made that may entitle people to more points the Government changes the law! How is this fair?

Any idea when a new guide will be published?

Many thanks.


Because it is the Government that defines the law.

A new guide will be available as soon as we can manage it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mandy76

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7 years 3 weeks ago #182696 by BenefitsBod
Replied by BenefitsBod on topic Changes to PIP legislation as of March 2017
phigdity: Just to add to Gordon's post, Governments of whatever political colour have a history littered with failed challenges to the higher Courts when challenging Upper Tribunal decisions (and earlier Social Security Commissioners' decisions). This means the government has either had to live with the outcome or change the legislation.

It seems the DWP has decided (probably correctly) that further legal challenge to the Upper Tribunal decisions in the cases concerned would be unsuccessful. So, the only way the effect of those decisions can be overturned is to change the law itself. That's exactly what is happening. Sadly, fairness (dare I say humanity?) is not a factor that appears to be within the mindset of those smarting from getting whacked at the UT.

The only way mere mortals such as us can get it changed is to get our MPs to intervene and try to influence relevant ministers. Unfortunately, in the current environment, that is likely to have little effect (at least in my opinion).

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7 years 3 weeks ago #182701 by crad2@hotmail.com
Replied by crad2@hotmail.com on topic Changes to PIP legislation as of March 2017
This has to be challenged in some way. They are just dictators out of control.
I'm writing to my MP and she had better do something, it has to be illegal .
How can people be assessed on different criteria, say someone has an award of 5 yrs under the current regulations and another person is now assessed under the "new" criteria and is not entitled to an award. We are all human beings and should be treated equally.
They disgust me beyond words to describe them.

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7 years 3 weeks ago #182705 by mandy76
Replied by mandy76 on topic Changes to PIP legislation as of March 2017
Hi Kevin

Yes, I agree. It's just so frustrating!

It seems pointless having Upper Tribunals, or for that matter the costs involved, if the Government overturn decisions when they don't like something, or more importantly if it's going to cost them more money. I wonder what the Judges involved make of it?

I can see the upper tribunal's decision regarding mobility would have opened the door for claimant's with mental health to score higher descriptors but the decision made sense to me because, in my view, people with mental health problems who suffer severe panic attacks when they go out and need someone with them in order for them to continue need the same level as support as with sensory impairments but that's just my opinion.

Sadly, as you say, fairness does not come in to it. :(

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7 years 3 weeks ago #182716 by SarisChammah
Replied by SarisChammah on topic Changes to PIP legislation as of March 2017
There is a big problem for me then as I only the other day recieved the letter informing me I have to make the choice to apply for personal independence payment. I need all the time I can get to read up and prepare for what to write. When I sent my e s a 50 form it was a waking nightmare and the stress has been unbearable.

Will there be an email notification for when the new guide comes out?

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