PIP MOBILITY COMPONENT AFTER "MH"

I'd like to share with all you out there the following info I have received from DFC (DWP) in Northern Ireland; They have told me officially that 11 (b) Mobility Component is almost now impossible to obtain following the decision in "MH" [2018] AACR 12.

My belief following this case was that it opened the door somewhat more to people with MHP's to obtain a Mobility Component of PIP (11 b & 12 b,c,d,e or f Enhanced Mobility) this appears not to be the case.

My thoughts were that 11 (b) - Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant’

meant that the test to trigger 4 points at Descriptor b is that OPD is the defining upper criteria. In other words if you need prompting to undertake a journey short of experiencing the OPD threshold, you are worth 4 points. If you reach OPD, you go up to a higher Descriptor. In this way, OPD is actually relevant to Descriptors B to F.

The key word for me in the descriptor is AVOID - giving its natural meaning, you miss OPD!

DFC say differently - "5. Under MH judgement 11B would only be considered if the customer needs prompting to cross the threshold of their home due to OPD. It cannot be applied whilst out on the journey itself, as descriptors D or F would now be considered".

with a further quote of "Descriptor B for Activity 11 is basically now unobtainable because of that judgment. It’s either A or E".

Below you will find DWP ADM 16/18 part on the case - I believe this is the correct interpretation of MH instead of the narrow version adopted by DFC;

ADM 16/18 Point 5


Descriptor 1b is relevant where a claimant needs prompting to overcome overwhelming psychological distress when setting off on the journey. As someone who needs another person when travelling along a route would satisfy 1d or 1f, descriptor 1b only applies in practice in the circumstance where someone needs prompting to set off on the journey (but would not need another person whilst on the journey itself). Pre-MH someone in this position would have satisfied descriptor 1b also.

I value all of your opinions

Thanks for reading.

Thanks for the reply; I'll explain what I'm driving at a bit better - to score 4 points, according to DFC, you must have OPD and need prompting to stop it thus allowing you to go out the door and complete/follow the journey/route etc. So in their words 11 (b) is almost impossible to obtain its either 11 (a), 11 (d) or 11 (f).

I think this the incorrect interpretation - I think that 11 (b) would be applicable IF you receive prompting TO AVOID OPD and then you go on your journey/route alone etc. The key words for me in 11 (b) are "TO AVOID"

If I avoid something then it doesn't happen - what DFC are saying is that OPD has to happen then prompting stops it happening and you get 4 points for crossing the threshold of the door!

If we consider [2018] UKUT 339 (AAC) para 18 that is exactly what the Judge has said;

"The correct position is that if a claimant requires the prompting to prevent the onset of overwhelming psychological distress or to reduce it to a level less than overwhelming in order to enable him/her to get out of the house but is then able to follow the route of a journey absent another person, only 4 points under 1b will be scored"

Thanks for reading - Replies/Responses Appreciated.

That's exactly my point; DfC are saying that the Claimant must have OPD before crossing the threshold of their door, that they receive prompting/encouraging etc which abates the OPD & then they go out without any further intervention - This, in their opinion, is the only way 11 b can be awarded.

I disagree, my reading is that IF a Claimant requires prompting/encouraging to go out & that intervention avoids them reaching OPD & they can then go on their journey without further intervention they score 4 points!

DfC say the Claimant must have OPD before going out and that this must be abated to score 4 points

I say that OPD is never reached because the Claimant has been prompted/encouraged so as "TO AVOID OPD" (as per the Descriptor 11 (b).

Is that any clearer - or are DfC right? - OPD has to be reached, the Claimant is then prompted etc the OPD subsides and they go out on their journey.

I'm only concerned with 11 (b) & not the other Descriptors within the Activity.