March 16th changes to PIP: PIP2 dated 08.03.17

Alan wrote: Called DWP to ask about applicable rules as my PIP2 form is dated 08.03.17 but assessment date yet to be set.

Asked if criteria re Going Out and Moving Around would be pre 16.03.17 changes.

Told that the relevant date when criteria will be changed is date of assessment, not the date of my PIP2 (or even original call). Was told the PIP2 form is identical pre- and post 16th

This seems somewhat unfair. Has anyone had a post 16 March assessment and can advise?

The new regulations came into force on 16 March and will affect new claims made from that date onwards, as well as review decisions made from that date onwards.

In general current claimants should not be affected.

However, if you have an award where psychological distress was taken into account to give you points for descriptors (c), (d) or (f) in relation to planning and following a journey, then you may be affected when your award is reviewed.

However, as the Social security Advisory Committee have already pointed out when claimants have multiple difficulties with following a journey, it may be impossible to “strip out the element of psychological distress from other factors when making a decision. As a result it may well be that it is not consistently treated in these circumstances.”

In other words, the newly drafted regulations are going to be very hard to apply consistently and the courts are bound to be involved in defining how the new regulations should be interpreted.

So, it’s much too soon to say whether and how any individual might be affected. The best thing to do at this stage is to make sure you keep yourself updated about any changes in the law and, if you do lose out, consider an appeal.

Gordon

Alan wrote: Gordon. many thanks for prompt reply.
I think my nuance is to ask that as my claim was originated (but not of course completed) before March 16th, do the new rules apply?

The DWP assert that the applicable date is the date of the assessment, not the date of the claim.

Sounds really contrary to what one would expect

Unfortunately DWP Decision Makers can only apply the law as they are told to apply it, this would be an issue that you could only realistically challenge at appeal.

Are you actually affected by the changes to the Descriptors, based on what we have seen posted in the forum over the last couple of weeks, very few members actually are.

Gordon