× Members

PIP Mobility Element and Mental Health

More
6 years 1 month ago #205503 by Makfai
I am delighted that the court ruled that the Government's policy on the application of the mobility element to applicants with mental health issues was discriminatory.

I am equally delighted by the announcement of a wholesale review of all previous claims www.bbc.co.uk/news/uk-42862904 however, I have one serious concern.

Prior to the recent court case, many applicants with mental health issues (such as my son) when submitting their applications for PIP were aware of HMG's intransigence in its policy in regard to the mobility element. As a consequence of their knowledge of HMG'S policy these applicants made no effort to submit strong representations on the mobility element. Indeed, the application form iself was designed in such a fashion as to prohibit such representations by adding the words ‘For reasons other than psychological distress,’ to descriptors c), d), f) of Question 13.

Thr Planning and Following Journies activity breaks down into six descriptors. The maximum total points available under this activity for these six descriptors is 44. However, applicants who face mobility problems because of psychological distress were rendered ineligible for 30 of those points by reason of being excluded by HMG for applying under descriptors c), d), f) of Question 13.

The point now is that any review based solely on the information and evidence contained in previous applications still cannot lead to an equitable assessment brcause the applicant has not been allowed to make aapropriate representations.

In my son's case, he underwent an assessment to convert from DLA to PIP. Under DLA he qualified for the mobility element but was rejected under PIP . My son's application is based on mental health issues. He was awarded 4 points under descritor b) of Question 13. Had he not been barred from assessment under descriptors c), d), f) of that same Question 13 he would clearly have qualified for more points and retained his eligibility for the mobility element.*

I believe any fair reassessment by HMG will necessitate an invitation to people like my son to make renewed representations for the mobility element.

* 'If you score enough points, known as the entitlement threshold, either for daily living activities or mobility activities or both, you'll qualify for PIP. For each component of PIP, you need at least 8 points to get the standard rate or 12 points to get the enhanced rate.'
www.citizensadvice.org.uk/benefits/sick-...-decisions-are-made/

The topic has been locked.
More
6 years 1 month ago #205522 by Gordon
Replied by Gordon on topic PIP Mobility Element and Mental Health

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.
Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.