× Members

LEAP UPDATE

More
2 years 11 months ago #268452 by marine85
LEAP UPDATE was created by marine85
Hi everyone

I thought that I would give you an update to whats happening about the leap payment that I applied to the DWP, I phoned them again waited 35 mins (joke) and was told by the Office Manager Dates and more Dates and RJ and MH rulings and she totally confused me, So I asked her to put what she said in writing please and below is what i got in the letter.

Thank you for your enquiry regarding the letter that was issued to you dated 17th February 2022 regarding the MH and RJ tribunal rulings.
MH v DWP tribunal judgement, this relates to how overwhelming psychological distress is considered when assessing the ability of someone to plan and follow a journey, This change applies from 28th November 2016.
RJ v DWP tribunal judgement, This relates to how we decide whether someone can carry out an activity safely, It also relates to how we decide if someone needs supervision, We now consider the seriousness of any harm that might happen, As well as the likelihood of it happening.
Supervision is a need for the continuous presence of another person to prevent harm happening to the person who is claiming PIP or another person, This change applies from 9th March 2017.
In our telephone conversation on the 2nd March 2022 i explained that there are no DWP decisions to review as your first decision was made on the 9th July 2016, This was before the MH ruling came in ie (28th November 2016) and RJ ruling (9th March 2017) so could not be considered as the rulings did not exit then.
All decisions dated 25th June 2018 on wards have considered the changes to PIP law detailed above, Therefore the second decision dated 16th January 2019 already considered these changes and are not affected by this review.
Your latest decision on the 16th September 2019 was made by an Appeal Tribunal, The appeal service also would have considered the changes to PIP law.
Where previous decisions were made by a First Tier Tribunal the Department does not have any legal powers to override tribunal decisions, We are unable to review these cases as part of this exercise, No other decisions have been made since your Appeal Tribunal, therefore there are no DWP decisions that need reviewing.
Remember you must tell us straight away about any changes in your life that could affect your benefit, based on these changes your benefit may go up, go down, stay the same or it may stop.
If we overpay you you normally have to repay the money.

I do not understand these dates that they chucked at me as my first decision was made in July 2016 and there saying that it was before the MH ruling date of the 28th November 2016 came in, so does that mean if my claim is not on the 28th November 2016 but the 9th July 2016 that singles me out, Also in the letter the DWP said that the RJ ruling on 9th March 2017 could not be considered either as the rulings did not exist then, How is this possible if my claim was the 9th July 2016 then why am I not eligible for the 9th March 2017, I am totally confused at what the DWP are waffling can anyone help or put a light on this subject because I believe that I have been waffled OFF.

Please Log in or Create an account to join the conversation.

More
2 years 11 months ago #268502 by Gary
Replied by Gary on topic LEAP UPDATE
Hi marine85

You need to make an appointment to see a specialist Welfare Rights Organisation who can take all your circumstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid