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Planning and following a Journey - High Court

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6 years 3 months ago #204800 by ajj777
Hi Everyone,

Given the High Court Ruling, last month that the DWP were discriminatory to only allow up to 10 points on the Mobility Planning and following a Journey aspect does this mean if we scored 10 on it they will be lifting it to 12?

The news articles are not very clear to me: www.independent.co.uk/news/uk/home-news/...-scope-a8168496.html

Thanks in advance for any clarity :)

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6 years 3 months ago #204807 by Gordon
Elaine

I'm afraid not, if you scored 10 points for the Going Out activity then you were assessed as

e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.

to score the 12 points you would need to meet

f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.

However by definition, to follow a route you must be able to leave your house and you have been assessed as being unable to do this.

Gordon

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

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6 years 3 months ago #204819 by ajj777
Hi Gordon,

Thank you for your reply, I am confused however as you are quoting form the test which was found unlawful and from reviewing the news stories from yesterday and the High Court McVey decision it "overturns moves by ministers last spring to stop people qualifying for enhanced payments within the mobility component of PIP for reasons of psychological distress.” If it is not the people who were locked at receiving 10 for psychological distress on the mobility aspect (thus prohibiting them obtaining the higher rate) then I am not sure who of 160k people wil the DWP will be writing to to issue back payments and correcting their assessments?

www.theguardian.com/society/2018/jan/19/...u-turn-over-payments

Many Thanks,
Elaine

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6 years 3 months ago #204859 by Gordon
Elaine

I' sorry but I am quoting the Descriptors as they were before the DWP changed them and as they now are again!

Gordon

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