- Posts: 118
PIP Mobility
- Sandra
- Offline
Please Log in or Create an account to join the conversation.
- Gareth56
- Topic Author
- Offline
- Posts: 454
QED
Ta again
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.
- Gordon
- Offline
- Posts: 51288
Can I just make use of your greater knowledge in this area.Hi Gordon,
To err is to be human. We all make mistakes at times for all kinds of reasons, tiredness etc being one, and of course you have been very busy on the forum in recent weeks.
If I had a fiver for all the mistakes I've made over the years, it would pay for a holiday to somewhere warmer, as currently despite heating on including gas fires, we're still not warm.
Jim
My original answer was based on a Disability Alliance document of DLA case law
www.disabilityalliance.org/dlalaw.htm#Higher
it states
walking out of doors
CM/103/1984: The test is the claimant's ability to walk "out of doors". See also R(DLA)4/04 (Formerly CDLA/2139/2003).
In the context of "mobilising", would this not hold true.
Thanks
Gordon
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.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
- Posts: 2076
there is noting in PIP for falls,stumbling,getting in/out of chairs,walking indoors,using a wheelchair,up/down stairs etc. all these things need to be on PIP too.
Since PIP is just a Bill and not yet an Act of Parliament, I was referring to DLA, and walking indoors and out is considered for the purposes of DLA mobility component.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. 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.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
- Posts: 2076
Jim Allison wrote:
Can I just make use of your greater knowledge in this area.Hi Gordon,
To err is to be human. We all make mistakes at times for all kinds of reasons, tiredness etc being one, and of course you have been very busy on the forum in recent weeks.
If I had a fiver for all the mistakes I've made over the years, it would pay for a holiday to somewhere warmer, as currently despite heating on including gas fires, we're still not warm.
Jim
My original answer was based on a Disability Alliance document of DLA case law
www.disabilityalliance.org/dlalaw.htm#Higher
it states
walking out of doorsCM/103/1984: The test is the claimant's ability to walk "out of doors". See also R(DLA)4/04 (Formerly CDLA/2139/2003).
In the context of "mobilising", would this not hold true.
Thanks
Gordon
Not all Commissioners Decisions (now as you're aware called Upper Tribunals) are binding on a Decision Maker or a First-tier Tribunal. This is explained in this CPAG
Welfare Rights Bulletin. Connecting with Case Law and most probably in the case law packs in DLA Resources in the members area.
As it seems I'm confusing some members who are referring to PIP, which is not yet on the statute books, so therefore there is no Case Law on PIP. I don't think I'll comment further. When I was a Welfare Rights Officer I specialised in DLA, but I'm not a specialist on PIP, in fact I don't think there are any.
They may well be more members up to date on the proposed PIP legislation than I am, but at 71, I'm now fully retired and as I'm no longer a moderator for B & W, nor any other disability related forum, I don't intend to spend much time on PIP until it's passed through both Houses of Parliament and received Royal Assent.
Currently, there is no PIP, only DLA and that does currently take account of walking ability indoors and out as is made clear in the Social Security ( Contributions & Benefits) Act 1992, Chapter 4, Section 73.
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. 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.
- Gordon
- Offline
- Posts: 51288
Gordon
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.