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Changes to PIP law re: Planning a Journey
- ASMentoring
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2 years 11 months ago #268737 by ASMentoring
Changes to PIP law re: Planning a Journey was created by ASMentoring
Hi, one of my clients has received a letter from DWP re: their PIP saying that there has been a change to the law regarding Planning a journey. It says that this may affect their award which could go up or down or be disallowed. It's asking if they want the DWP to look at the award again and make a decision. Any advice on this? My client is thinking that they may be awarded more but my thinking is that they could also lose money....
Any advice greatly appreciated.
Alan Castellaro
A S Mentoring
Any advice greatly appreciated.
Alan Castellaro
A S Mentoring
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- LL26
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2 years 11 months ago #268790 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Changes to PIP law re: Planning a Journey
Hi Alan,
DWP have sent many of these letters out! Basically DWP failed to apply the law stipulated by the Judges in respect of Planning Journeys, and naturally as a result many claimants were underscored and didn't get Mobility PIP awards.
Firstly it will only apply if your client actually has difficulties with this set of activities.
Secondly, if your client has scored other points for physical mobility under Descriptor 2 -there may not be a difference, even if new points can be scored - especially if enhanced rate has been awarded.
However, if no mobility award was made due to no/insufficient points because DWP failed to apply the correct law, then it is possible to ask DWP to look at this again, with a view to gaining the mobility award.
If successful the claim should be backdated to 28.11.2016 or date of claim whichever is later.
I am aware that some of the letters refer to the possibility of claims being reduced. This is incorrect. This whole process is a special review, on the basis of DWP having identified that it misapplied the law. It only relates to the Planning Journeys etc descriptor - the terms of the review is to allow late appeals (if going back to 2016, this would be well outside then normal appeal time) no face to face /phone assessment should be done. The terms of the review also stipulate there would be no reduction in benefit.
If you feel that this would apply to your client, and you need more information, I suggest that you contact a specialist benefits advice centre such as CAB to go through your client's own circumstances.
I hope this helps.
LL26
DWP have sent many of these letters out! Basically DWP failed to apply the law stipulated by the Judges in respect of Planning Journeys, and naturally as a result many claimants were underscored and didn't get Mobility PIP awards.
Firstly it will only apply if your client actually has difficulties with this set of activities.
Secondly, if your client has scored other points for physical mobility under Descriptor 2 -there may not be a difference, even if new points can be scored - especially if enhanced rate has been awarded.
However, if no mobility award was made due to no/insufficient points because DWP failed to apply the correct law, then it is possible to ask DWP to look at this again, with a view to gaining the mobility award.
If successful the claim should be backdated to 28.11.2016 or date of claim whichever is later.
I am aware that some of the letters refer to the possibility of claims being reduced. This is incorrect. This whole process is a special review, on the basis of DWP having identified that it misapplied the law. It only relates to the Planning Journeys etc descriptor - the terms of the review is to allow late appeals (if going back to 2016, this would be well outside then normal appeal time) no face to face /phone assessment should be done. The terms of the review also stipulate there would be no reduction in benefit.
If you feel that this would apply to your client, and you need more information, I suggest that you contact a specialist benefits advice centre such as CAB to go through your client's own circumstances.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ASMentoring
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2 years 11 months ago #268796 by ASMentoring
Replied by ASMentoring on topic Changes to PIP law re: Planning a Journey
That is brilliant and incredibly useful, thank you very much.
Alan.
Alan.
The following user(s) said Thank You: LL26
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