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Mental Health new Guidelines
- mobbba
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7 years 2 months ago #183330 by mobbba
Mental Health new Guidelines was created by mobbba
Can I just ask a question regarding the new changes on anxiety etc.,. It says changes will take place on all claims from 16th March 2017.
My claim went in at beginning of February so will I be judged on the old or new rules?
Thank you
My claim went in at beginning of February so will I be judged on the old or new rules?
Thank you
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- Gordon
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7 years 2 months ago #183349 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mental Health new Guidelines
mobbba
We have updated our guidance, it is the claim date that is important, so as your claim was started before the change you should not be affected.
Gordon
We have updated our guidance, it is the claim date that is important, so as your claim was started before the change you should not be affected.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mobbba
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7 years 2 months ago #183380 by mobbba
Replied by mobbba on topic Mental Health new Guidelines
Thanks Gordon for your reply. I am a little confused. You say my claim was in before the updated guidance, and I would not be affected.
But the new guidance from March 16th would surely benefit me as the rules have changed in favor of the claimant.
Or am I getting it wrong about the new guidelines?
Thank you
But the new guidance from March 16th would surely benefit me as the rules have changed in favor of the claimant.
Or am I getting it wrong about the new guidelines?
Thank you
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7 years 2 months ago #183407 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mental Health new Guidelines
mobbba
OK. This is the situation
1. The DWP view is that following a route is a cognitive or sensory issue to do with navigation.
2. Last month a three Judge UTT panel ruled that mental health issues could lead to cognitive impairment sufficient to prevent a claimant from being able to navigate.
3. The Governments response has been to modify the Going Out Descriptors (specifically (c), (d) and (f)) to limit their scope to sensory and cognitive issues. This takes effect 16 March
SO, as your claim was started before the 16th, the UTT Decision applies and the revised Descriptors do not.
However, you should be aware that the DWP have issued no new guidance to Decision Makers (as of yesterday) in regard to any of these changes so I would expect them to continue with their original view of the Descriptors as described in (1).
Gordon
OK. This is the situation
1. The DWP view is that following a route is a cognitive or sensory issue to do with navigation.
2. Last month a three Judge UTT panel ruled that mental health issues could lead to cognitive impairment sufficient to prevent a claimant from being able to navigate.
3. The Governments response has been to modify the Going Out Descriptors (specifically (c), (d) and (f)) to limit their scope to sensory and cognitive issues. This takes effect 16 March
SO, as your claim was started before the 16th, the UTT Decision applies and the revised Descriptors do not.
However, you should be aware that the DWP have issued no new guidance to Decision Makers (as of yesterday) in regard to any of these changes so I would expect them to continue with their original view of the Descriptors as described in (1).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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