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Statement of reasons PIP
- Dc83
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6 years 8 months ago #194731 by Dc83
Statement of reasons PIP was created by Dc83
Hi,
Hopefully someone can help me.
Recently won a pip appeal, enhanced on both. My issues are mental health related only. The dwp requested a SoR, which we are in receipt of, they have until the 13th of August to lodge an appeal.
Yesterday I rang dwp to get an update and was told there MIGHT be a possibility they could appeal the mobility 1f descriptor. They basically said that where the judge had said
"we apply descriptor 1f. In doing so we are conscious that regulations have been made which come into force on 16th March 2017. However we have to apply the law as it stood at the decision date".
Now when I spoke to the DWP they said they may be able to appeal. They made it sound like they have a way of appealing my decision with the new rules (post March 16th). Hope someone can gibe me info on this. Thanks
Hopefully someone can help me.
Recently won a pip appeal, enhanced on both. My issues are mental health related only. The dwp requested a SoR, which we are in receipt of, they have until the 13th of August to lodge an appeal.
Yesterday I rang dwp to get an update and was told there MIGHT be a possibility they could appeal the mobility 1f descriptor. They basically said that where the judge had said
"we apply descriptor 1f. In doing so we are conscious that regulations have been made which come into force on 16th March 2017. However we have to apply the law as it stood at the decision date".
Now when I spoke to the DWP they said they may be able to appeal. They made it sound like they have a way of appealing my decision with the new rules (post March 16th). Hope someone can gibe me info on this. Thanks
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- Gordon
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6 years 8 months ago #194732 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Statement of reasons PIP
Dc
It's established practice that it is the law in place on the date of the Decision being appealed that must be used at an appeal, but there is also specific Case Law that the revised Descriptors only apply to Decisions that were made on or after 16 March, see the following
www.gov.uk/administrative-appeals-tribun...ip-2017-ukut-152-aac
I would be surprised if the DWP pursue the matter on this basis but if they do then you are entitled to make your own submission in opposition and you should raise these issues.
Gordon
It's established practice that it is the law in place on the date of the Decision being appealed that must be used at an appeal, but there is also specific Case Law that the revised Descriptors only apply to Decisions that were made on or after 16 March, see the following
www.gov.uk/administrative-appeals-tribun...ip-2017-ukut-152-aac
I would be surprised if the DWP pursue the matter on this basis but if they do then you are entitled to make your own submission in opposition and you should raise these issues.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Ellen
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6 years 8 months ago #194733 by Ellen
Replied by Ellen on topic Statement of reasons PIP
When did you submit your original pip application ? That is the date that is impotant - if it was after the march change then yes the dwp could challenge it on the new legislation .
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- Gordon
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6 years 8 months ago #194744 by Gordon
I'm afraid this is incorrect, whilst the Government can define the claim date as the applicable date for when the change is to be applied, they did not for this change to the PIP Descriptors and it is the date of the Decision that is relevant in this case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Statement of reasons PIP
abby wrote: When did you submit your original pip application ? That is the date that is impotant - if it was after the march change then yes the dwp could challenge it on the new legislation .
I'm afraid this is incorrect, whilst the Government can define the claim date as the applicable date for when the change is to be applied, they did not for this change to the PIP Descriptors and it is the date of the Decision that is relevant in this case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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