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PIP Mobility

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12 years 11 months ago #81084 by Sandra
Replied by Sandra on topic Re:PIP Mobility
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.

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12 years 11 months ago #81086 by Gareth56
Replied by Gareth56 on topic Re:PIP Mobility
I should have read the 'Personal Independence Payment: second draft of assessment criteria' before asking this question which says "This assessed physical ability to move around outdoors – to transfer unaided between two seated positions; to move up to 50 metres; up to 200 metres; and over 200 metres."

QED
Ta again

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12 years 11 months ago #81090 by Gordon
Replied by Gordon on topic Re:PIP Mobility
Jim Allison wrote:

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 :huh:

Can I just make use of your greater knowledge in this area.

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 11 months ago #81114 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:PIP Mobility
Sandra wrote:

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.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 11 months ago #81131 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:PIP Mobility
Gordon wrote:

Jim Allison wrote:

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 :huh:

Can I just make use of your greater knowledge in this area.

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


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

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12 years 11 months ago #81133 by Gordon
Replied by Gordon on topic Re:PIP Mobility
No problem, thanks for your contribution.

Gordon

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