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Anyone else aware of theSupreme Court Judgement
- Updown
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3 years 10 months ago #260904 by Updown
Anyone else aware of theSupreme Court Judgement was created by Updown
I have just written to the DWP to have my daughters PIP award 'reassessed' after the decision handed down from the Supreme court.
Basically, the Supreme Court has decided that the DWP's 'understanding' of what 'help' with social situations means, is wrong.
The DWP have always said that 'help', by 'encouraging,prompting or reminding' to be able to participate in social situations means that the 'help' had to be given by a 'professional' to count i.e a psychologist/ psychiatrist/ Occ Therapist etc.
And they have refused to give the 2 points allocated to this unless that was the case.
The DWP is now in the process of setting up a team to specifically look at all the cases (I think from 2017 onwards?) where the granting of those 2 points would have made the difference between getting an award at all, and those who should've been given a bigger award i.e It would've meant the claimant would've had an 'enhanced' level instead of a 'standard' level of award.
I spoke to the DWP yesterday to confirm they had received my letter, and to ask more about it. The very helpful chap I spoke to hadn't heard anything about it, but then asked his 'supervisor' who told him that the DWP are indeed in the process of setting up a team who's sole purpose is to look at ALL claims from ( I think 2017 ?) to assess whether they qualify i.e the 2 points would've changed their award entitlement.
I just wanted to put the information out there to make you all aware, so you could check whether this applies to you too.
Basically, the Supreme Court has decided that the DWP's 'understanding' of what 'help' with social situations means, is wrong.
The DWP have always said that 'help', by 'encouraging,prompting or reminding' to be able to participate in social situations means that the 'help' had to be given by a 'professional' to count i.e a psychologist/ psychiatrist/ Occ Therapist etc.
And they have refused to give the 2 points allocated to this unless that was the case.
The DWP is now in the process of setting up a team to specifically look at all the cases (I think from 2017 onwards?) where the granting of those 2 points would have made the difference between getting an award at all, and those who should've been given a bigger award i.e It would've meant the claimant would've had an 'enhanced' level instead of a 'standard' level of award.
I spoke to the DWP yesterday to confirm they had received my letter, and to ask more about it. The very helpful chap I spoke to hadn't heard anything about it, but then asked his 'supervisor' who told him that the DWP are indeed in the process of setting up a team who's sole purpose is to look at ALL claims from ( I think 2017 ?) to assess whether they qualify i.e the 2 points would've changed their award entitlement.
I just wanted to put the information out there to make you all aware, so you could check whether this applies to you too.
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3 years 10 months ago #260907 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Anyone else aware of theSupreme Court Judgement
Hello Updown,
Hopefully that case makes you feel more up than down, and thank you for bringing it to our attention.
You might find these two links of interest.
www.benefitsandwork.co.uk/images/image/s...P_engage_changes.pdf
www.benefitsandwork.co.uk/images/image/s...video_transcript.pdf
Catherine
Hopefully that case makes you feel more up than down, and thank you for bringing it to our attention.
You might find these two links of interest.
www.benefitsandwork.co.uk/images/image/s...P_engage_changes.pdf
www.benefitsandwork.co.uk/images/image/s...video_transcript.pdf
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bud, denby
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