The government this week announced that the DWP have begun reviewing over 1.6 million PIP claims as a result of changes in the law brought about by legal decisions in cases known as MH and RJ.
MH found that the way that the DWP had been deciding PIP mobility claims was wrong and that psychological distress should be taken into account more widely. It lead to the DWP trying to get round the decision by changing the regulations. These changes were found to be unlawful in a further case, RF. The DWP have now been forced to accept MH is now the correct interpretation of the law
A separate case known as RJ forced the DWP to consider more reasonably whether claimants can carry out an activity safely and whether they need supervision whilst doing so.
In her statement, Sarah Newton, minister for disabled people, revealed that the DWP will also be reviewing around 420 cases relating to haemarthropathy, “following feedback from external stakeholders that the functional needs of claimants with haemarthropathy were not being adequately assessed.”
The DWP originally said that they would have to look at 1.6 million PIP cases in the course of the review. But having taken 5 months to actually correct the guidance given to health professionals and decision makers and begin the review, that number is likely to have increased.
The minister gave no details of how long the reviews are expected to take, other than the review of haemarthropathy cases, which will take approximately 6 weeks.