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Previous award of DLA/ESA

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6 years 11 months ago #189469 by ethan
Previous award of DLA/ESA was created by ethan
I asked if a previous acceptance for ESA/DLA on the grounds of being virtually unable to walk could be used for qualifying for PIP and was told that the criteria by way of walking distance had changed. It seems certain members of the Government would dispute this:

The Minister of State, Department for Work and Pensions, Baroness Altmann (Conservative). She said:

“I would like to clarify what appears to be a widespread misconception regarding the differences between the mobility assessment in PIP and the mobility assessment in DLA. Many noble Lords have spoken of a “20-metre rule”, but there is no such rule. Some people believe that we have changed the assessment of a distance a claimant is able to walk from 50 metres to 20 metres. This is not the case. The higher rate of DLA was always intended to be for claimants who were unable, or virtually unable, to walk. This is still the case in PIP, but we have gone further.

Under PIP, if a claimant cannot walk up to 20 metres safely, reliably, repeatedly and in a timely manner, they are guaranteed to receive the enhanced rate of the mobility component. If a claimant cannot walk up to 50 metres safely, reliably, repeatedly and in a timely manner, then they are guaranteed to receive the enhanced rate of the mobility component. [My bolding]

I can assure the noble Baroness, Lady Brinton, that if a claimant is in extreme pain, they will be assessed as not reliably able to walk that distance. The reliability criteria are a key protection for claimants.

It was after my department’s work with the noble Baroness and noble Lords in 2013 that we set out these terms, not just in guidance but in regulations, confirming our commitment to getting this right. If a claimant cannot walk up to 50 metres without such problems, they will still be entitled to the mobility component at the standard rate. If they cannot walk that distance reliably and in the other ways in which we have protected it, they will be entitled to the enhanced rate. Therefore, the enhanced mobility component of PIP goes to those people who are most severely impacted and who struggle to walk without difficulty.”

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6 years 11 months ago #189552 by ethan
Replied by ethan on topic Previous award of DLA/ESA
What I really wanted to know is why is it the case that people who meet and qualify according to the statement listed above, are still only receiving the Standard mobility rate at 50 meters.
Why is it that people are assuming if you can walk for more than 20 meters you will not get the enhanced rate? Furthermore, are there any examples of people on this forum who have gone over the 20 meter demarcation and still received the enhanced rate at 50 meters?

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6 years 11 months ago #189563 by Gordon
Replied by Gordon on topic Previous award of DLA/ESA
Ethan

The obvious thing to highlight is that Baroness's words carry no weight in regard to assessments, she is not setting policy.

Secondly, the claimant must show that they cannot reliably stand and move more than 50m on the majority of days. Many claimants do not even apply "reliably" to their claims and even if they do they may not actually show that they meet the criteria.

Lastly, even if they do show that they cannot reliably walk the 50m, the DWP may not actually agree.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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