Quick question on mobility rules

I've just joined, so not 100% on how the forum works properly, but here goes

I've recently been reassessed for PIP, well twice actually, as the first one lasted 9 minutes, and was terrible. I complained about it before a decision was made, and a second one was arranged, at home this time, for me as they agreed the report was not up to scratch.

The second one was much better, although I need to do an MR as I got 11 points, my last one 2 years ago I got 15 and I am worse now than I was then.

I think everyone knows about what happened with mental health and mobility earlier in the year, and my question is, have I been assessed under the new rules or the old ones. I filled in the short form, not a new questionnaire so wasn't asked about mobility under the new rules, and I imagine, more importantly, the HCP report for the mobility doesn't say 'for reasons other than mental health' (I know that probably not the correct wording but you know what I mean).

I always thought I should qualify for mobility as I need to either use a car, or a taxi to get around, so theres obviously extra costs involved in either method, but predictably I only ever got 4 points, as my issues are mental health related. I did actually do an MR a few years ago but was told by the DM 'it won't be overturned, no one ever gets any more than 4 points for mobility for mental health problems' so never bothered since.

What I can't find an answer to is which set of questions I should be assessed under. I obviously understand anyone making a new claim after the legislation was changed would clearly be assessed using the new questions, but the last time I was asked the question was in early 2015, long before the changes were made.

On the upside, the review point was set to August 2020, whereas the HCP report only recommended 12 months.

I'm actually not too disappointed by the decision as its only 1 point and can see I should be able to get that extra point fairly easily, well hopefully anyway

Thanks in advance for any help

Thank you Gordon for your reply.

Yes I got the report a month ago, they made the decision yesterday so haven't got the letter yet. Its been like a comedy of errors so far, on top of having the assessment redone, when I first requested the report they sent me someone elses, and presumably sent mine to her as mine didn't arrive.

I can guess what the letter will say as going from the HCP report I thought I would get 11 points care and 4 mobility, I got 11 points care, 4 mobility, theres a surprise

Thanks for the clarification on my main query, I find it strange that the last time I was asked the question it didn't say 'For reasons other than psychological distress' on any question, but more importantly in my view, it doesn't mention that on my assessment report either. Surely then the assessment was carried out using the old criteria, so how can it be used to make a decision under the new rules?

For the MR I won't be critical of the report, she was actually fine, and apart from a couple of small inaccuracies, the report is pretty accurate, a lot more so than the original.

Regarding the original report, is it worth following up the complaint any further. The report was terrible, and apparently the Nurse has had numerous similar complaints about her previously. So you would think they will do something? No, they are going to speak to her, and that's it. My thoughts are surely they spoke to her after all the other complaints, so what good will that do. Just to be clear I know it won't help in any MR and I wouldn't even mention it in that, but I feel strongly that she shouldn't be carrying out assessments, the report was that bad!