This whole welfare reform thing is going a bit fast say the government.

rogerblack

http://www.legislation.gov.uk/uksi/2013/2689/memorandum/contents

These go by the exciting title of 'The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013'.

Previously the plan had been that every working age claimant of DLA (re)assessed after 28th October would change onto PIP.
This is not happening.
Apparently - the process of claiming PIP is taking longer than expected. (No, really!)

This was delayed until 28th october from the inital intent of the 7th - so the consultation on the moving around activity could be properly ignored.

'Natural reassessment' will now only occur in cases where it's decided it applies.

The mechanism for this has not been published - but it will be published in such a manner that you can find out if you will be affected before making a claim.

The tool at https://www.gov.uk/pip-checker will be updated so you can tell if you will be assessed under PIP regulations.

It's likely that they'll choose some mechanism that's fairly simple - for example only applicants in certain postcodes, or with their NI ending in certain numbers, or ...

moochie

Hey Roger

so does that mean that there is no official cut off date for DLA forms? I ask because my partner got his DLA renewal pack through yesterday (odd as his award doesn't run out until march next year, never had one this early) but its exactly that, a DLA renewal, not a PIP form. I'm really feeling the pressure to get the form filled in and off in case they change their mind and decide he needs to fill in a PIP form but I am seriously unwell at the moment and really cannot cope with this added pressure. Is it the case that once you have been sent a DLA renewal form then even if I wait a while to fill it in that is what he will be claiming, and he won't be asked to apply for PIP? I thought DLA didn't technically exist anymore, or at least everyone now had to claim PIP?

sorry for all the questions, i'm really confused by all these changes at the best of times x

ETA - I followed the link you gave and put in both his and my date of birth (haven't got my form yet, my award ends end of april next year), it says
You’ll be asked to make a claim for PIP if after October 2013:

• there’s a change in how your condition affects you
• your Disability Living Allowance (DLA) is due to end and you haven’t received a renewal letter

I assume the renewal letter is the DLA form he has received so therefore he is 'lucky' In that even if it takes me 2 months to do the form he will be assessed for DLA and not PIP?

thanks x

rogerblack

moochie wrote: »

Hey Roger

so does that mean that there is no official cut off date for DLA forms? I ask because my partner got his DLA renewal pack through yesterday (odd as his award doesn't run out until march next year, never had one this early) but its exactly that, a DLA renewal, not a PIP form.

If you get a DLA form, then you can use it - as long as you return it within time.
This has always been the intention.
This announcement merely means that for reassessments and some other changes, some people (perhaps most people) will still be renewing DLA after the 28th Oct, rather than everyone migrating onto PIP when they have a change of circumstance or reassesment.

rogerblack

The government have now published in which areas claimants being reassessed for DLA in the first batch on October 28th will instead claim PIP.

A broad stripe across the country from Wales.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252321/pip-postcode-map.pdf




It's interesting to note that the vast majority of these areas are where the reassessments are to be done by Capita - with the exception of Ipswich and Norwich, which is part of ATOSs area.
Indeed - all of Capita's districts apart from northern ireland are given the go-a-head.

schrodie

rogerblack wrote: »

It's interesting to note that the vast majority of these areas are where the reassessments are to be done by Capita - with the exception of Ipswich and Norwich, which is part of ATOSs area.
Indeed - all of Capita's districts apart from northern ireland are given the go-a-head.

Maybe it's because atos over estimated in their contract the number of assessment centres they could provide to carry out assessments.

Dippypud

This may affect many DLA claims ...

http://benefitsandwork.co.uk/news/2416-claimants-to-lose-dla-permanently-if-falsely-accused-of-fraud-dwp-decides

SandraScarlett

Dippypud wrote: »

This may affect many DLA claims ...

http://benefitsandwork.co.uk/news/2416-claimants-to-lose-dla-permanently-if-falsely-accused-of-fraud-dwp-decides

Well I can think of some MSE trolls who will probably think this will be great sport. As if disabled people haven't got enough to worry about ...........

xx

rogerblack

SandraScarlett wrote: »

Well I can think of some MSE trolls who will probably think this will be great sport. As if disabled people haven't got enough to worry about ...........

xx

This would seem to be clearly outside the law as I understand it.
http://www.legislation.gov.uk/uksi/2013/387/regulation/20/made

Notifications of change of circumstances

20. (1) This regulation applies where—

(a)a person notifies the Secretary of State of a change of circumstances, and

The 'a person' at first may seem ambiguous, and leave it free for anyone to notify the SS of a change of circumstances.

However, the actual regulation which applies is:

(5) This paragraph applies where a DLA entitled person notifies the Secretary of State of a change of circumstances and, as a result, the Secretary of State is required by regulation 3(5) to send a notification under regulation 3(1) inviting the person to claim personal independence payment.

This can only be done by the claimant or their appointee.

'Notifies' is an action with specific meaning.
You need to positively inform the DWP or their representatives of a change in circumstance.
Being reported by someone else can never do this.

Derwent

rogerblack wrote: »

If you get a DLA form, then you can use it - as long as you return it within time.
This has always been the intention.
This announcement merely means that for reassessments and some other changes, some people (perhaps most people) will still be renewing DLA after the 28th Oct, rather than everyone migrating onto PIP when they have a change of circumstance or reassesment.

In the end they will do whatever they see fit. I applied for DLA (first ever application) and DWP received the form a month before PIP was introduced. DWP conveniently did nothing with the form until after the PIP launch date then sent me a PIP application form saying that new applications for DLA were not now being accepted. I asked them why my DLA application wasn't valid as I had proof that they received it 1 month prior to the deadline and they simply said it wasn't registered on their system in time and so couldn't now be treated as a DLA application.

rogerblack

Derwent wrote: »

In the end they will do whatever they see fit.

Them not conforming to the law is a problem.

In principle, you could appeal that decision to a tribunal.
If you have enough evidence of the date the form arrived, or if they do not contest it had - then you would likely have won, as it's a pretty straightforward case.

If this is a widespread problem, there might be a case for Judicial Review - but this is a complex process, and what remedy they could offer I am unsure of.

If this has caused you to lose out financially - https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff .

However, a claim for PIP, made even after poor advice will terminate a DLA award.
This means what any tribunal can award is limited - simply as they would not be considering the award of PIP - but DLA.
The fact you applied for PIP is not relevant to this tribunal, and any application for PIP will in most circumstances terminate a DLA award.

schrodie

rogerblack wrote: »

This would seem to be clearly outside the law as I understand it.
http://www.legislation.gov.uk/uksi/2013/387/regulation/20/made

The 'a person' at first may seem ambiguous, and leave it free for anyone to notify the SS of a change of circumstances.

However, the actual regulation which applies is:
This can only be done by the claimant or their appointee.

'Notifies' is an action with specific meaning.
You need to positively inform the DWP or their representatives of a change in circumstance.
Being reported by someone else can never do this.

All very true because presumably a change in DWP policy as quoted in the B&W article cannot be legally enforced unless there has been a change to the law/regulations?

In other words DWP policy must be backed up by statutory legislation!