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29 July 2015 newsletter

Tens Of Thousands Of DLA To PIP Lower Rate Mobility Claimants Could Lose Due To New Decision

Dear Reader,

Two upper tribunal judges have come to exactly opposite conclusions about the law relating to the PIP mobility component activity ‘Planning and following journeys’, leaving the DWP and claimants to argue at first-tier tribunals over which decision the judge should follow.

One of the two decisions could see tens of thousands of lower rate DLA mobility claimants, especially those with mental health conditions, lose their award when transferring to PIP.

We’ve published details of the two decisions.

Plus, in the members area, there’s a written submission which points out what we consider are two material errors of law in the unfavourable decision. You can download this and submit it at your appeal in order to ask the tribunal to follow the client-friendly decision instead.

Claimant deaths cover-up
Evidence that the DWP are involved in a cover-up over their own negligence in connection with the death of 49 claimants is growing.

A freedom of information request by Benefits and Work for the number of those who died who were vulnerable ESA claimants on the work programme has been refused by the DWP, even though they admit they have the answer.

The fact that the DWP are refusing to give the information very strongly suggests that at least some of the claimants who died were indeed vulnerable ESA work programme participants and that the proper safeguarding rules were not followed.

And the suspicion that the DWP are involved in a cover-up that involves both the department and private sector providers in what may even be corporate manslaughter is only going to gather momentum.

Labour disgust
We know from your posts and emails that Labour’s response to the first reading of the Welfare Reform and Work Bill has caused enormous disgust. The Conservatives, with their 12 seat majority, managed to win the vote to slash benefits for some of the poorest members of society with a massive majority of 184.

We’ve published a list of the 50 Labour MPs who honourably rebelled and voted against the bill instead of following orders and abstaining.

Unless Corbyn wins Labour’s leadership election, something that now appears possible, it seems certain that a very large proportion of those claimants who do vote in general elections will switch to the Greens or nationalist parties that better represent their interests.

Whether Corbyn – or Labour - would survive the onslaught of ‘the end is nigh’ media stories that would follow his victory is another matter entirely.

SMI changes will hit current claimants
We have now had confirmation that changes to support for mortgage interest payments will hit both new and current claimants from 2018. Future payments will be in the form of a repayable loan, with interest and administration charges on top.

Poverty improves life chances
Meanwhile, in best Orwellian manner, the DWP are presenting the plan to abolish the work-related activity component of ESA as a favour to claimants. Their latest claim is that plunging half a million sick and disabled people deeper into poverty will not only improve their life chances, it may also reduce child poverty too.

Give IDS a summertime treat
If you’d like to make the summer just a little bit less glorious for IDS, then why not pop along to the newly relaunched government petition website. There you can sign up to a petition calling for a vote of no-confidence in IDS over his failure to publish ESA death statistics and misleading the House of Commons about whether they even exist.

See you in September
We’re taking a break from the newsletter throughout August, though we’ll still be publishing news stories on the site. The next newsletter will be out on 9 September.

Good luck,

Steve Donnison

 

BENEFITS NEWS
49 claimant deaths – evidence of DWP negligence cover-up grows
Evidence that the DWP are involved in a cover-up over their own negligence in connection with the death of 49 claimants is growing. Private sector work programme providers may also be implicated in the deaths.

Tens of thousands of DLA to PIP lower rate mobility claimants could lose due to new decision
Two upper tribunal judges have come to exactly opposite conclusions about the law relating to the PIP mobility component activity ‘Planning and following journeys’, leaving the DWP and claimants to argue at tribunals over which decision the judge should follow.

Government website petition calls for IDS no-confidence vote
A petition has been started on the newly relaunched government petitions website calling for a vote of no-confidence in Iain Duncan Smith over his failure to publish employment and support allowance (ESA) death statistics.

Support for mortgage interest changes will hit current claimants
The plan to change support for mortgage interest (SMI) payments from a benefit to a loan will hit current SMI claimants, the DWP have confirmed in an impact assessment published yesterday.

ESA changes from April 2017 will improve “life chances” of 500,000 people by making them poorer
Half a million people are expected to lose out financially at any given time as a result of the abolition of the work-related activity component (WRAC) of employment and support allowance (ESA) for new claimants from 1st April 2017.

Benefits cuts pass first vote as Labour MPs rebel
The Welfare Reform and Work Bill passed its first reading in the House of Commons last night with a majority of 184, in spite of the Conservatives having only a 12 seat majority.

 

GOOD NEWS FROM THE FORUM
As always, many thanks to everyone who takes the trouble to post in the forum with news of your success. We know it’s many readers favourite, and most encouraging, bit of the newsletter.

ESA support group without face to face assessment
I am more than pleased to inform you that subsequent to returning my first ESA50 questionnaire, and having followed your guidelines set out for both Physical & Mental Health, I have been placed in the Support Group for 3 years. This decision was based purely on my completed ESA50 and supporting medical evidence WITHOUT having to endure a face to face assessment. I have now been migrated to ESA from Long Term Incapacity Benefit.

I cannot place enough emphasis on the fact that I think this result has only been achieved by the use of your excellent (bar none) guidelines. In fact this is now a THIRD success as my wife has also been successfully placed into the ESA Support group for the second time now, likewise WITHOUT having to have a face to face assessment!

PIP success. what a battle
So the Tribunal was to be on Friday 24/07 at 3pm but at 10.30 I got a call from the Tribunal saying I did not need to attend and the award was given for high rate care and high rate mobility scoring 17 care and 12 mobility you can imagine the relief I felt. so with the help of the guides on here and the LAC who put the case together he will now be left alone till 2021.

My advice to anyone going through this stressful time is read all you can on this site and provide as much evidence as you can.

So happy I nearly cried
Thank you all for your guides which in this case for my son, who moved from dla to pip. I was dreading the outcome but not only were they fast but we were awarded enhanced care and the lower mobilty for him for an ongoing period.

Which i can only guess is like a lifetime thing. I couldnt have done it without your guides and help. Im so happy i could have and nearlly did cry that he got the best outcome without having to go to a medical.

Full PIP awarded!
Got u Full PIP!
I had a medical assesment few weeks ago and now in d letter thats what they said.
YES!
I feel so much better and lighter!
Your info. was extremely helpfull! And for a while it became part of brain cells.
Thanks a Million!

A huge heartfelt thank you
I just wanted to post to say thank you so much for all the help this site offers, i've been a member for a few years and have always used the guides to assist me with DLA forms for both myself and my daughter.
I recently was invited to change from DLA to the dreaded PIP and was absolutely terrified at the prospect! . . . 3wks later the envelope arrived and i'm pleased to say i have been awarded until 2021!
Sorry for the long winded post and a huge thank you to everyone who makes this site what it is.

SDA to ESA Support Group
Hi, after medical I was awarded 39 points and placed in the support group. Many thanks to everyone at Benefit and works for your invaluable help.

Paper tribunal PIP awarded
My son was involved in a serious traumatic road traffic collision he developed CFS at 20years old and still works with reasonable adjustments. Applied for PIP in January 2014 refused. Went to mandatory consideration in January 2015 awarded extra 4 points but was still refused. Applied for a paper tribunal and won standard care in June 2015. 17 months from start to finish but it was worth it. Many thanks to benefits and works. For all applicants with CFS persevere.

Enhanced mobility and daily living
Its been a tough 10 months but finally had my skype hearing Monday and had my outcome by first class post yesterday,I have been awarded enhanced mobility and enhanced daily living until 2020. The appeal its self was very difficult and upsetting but with the support of my mum I got through it.
Thank you so much benefits and work for your help and support over the last 10 months.

Standard rate care and mobility
I got standard rate care and standard rate mobility! Home safe as I can make monthly payments and back pay will cover arrears on mortgage. A couple of thousand left over to tidy up the house too. I'm a very happy lady! I couldn't have done this without b&q so THANK YOU!!

PIP tribunal success
I just received the letter from the Tribunal Service, so now have my 'scores'. Originally I had scored 2 pts in the Daily Living, and 0 pts for Mobility. The panel have scored me 9 for Daily Living and 10 for Mobility. So please don't give up, anyone. I was so close to giving up lots of times, but the moderators on here have shown endless patience and kindness, and I'm glad I really pushed myself to go to the hearing yesterday. Thank you again.

 

Good luck,

The Office Team
Benefits and Work Publishing Ltd
Company registration No. 5962666