PIP mobility mental health which claims are the DWP automatically rechecking/correcting?

sparkycat2

I thought all claims were being rechecked but have just read on citizens advice website "The rules for getting the Personal Independence Payment (PIP) mobility component have changed. You can now apply for it if you have a mental health condition that makes it difficult for you to plan or take a journey.

Because of the change, the Department for Work and Pensions (DWP) is reviewing all PIP claims decided after 27 November 2016 but before 28 June 2018 – you can check the date on your decision letter. The DWP will work out if you should get extra money – this includes if you scored zero points"

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/review-of-your-pip-claim/if-youve-got-a-mental-health-condition-and-didnt-get-the-higher-rate-of-PIP-mobility/

Is that correct are claims awarded prior to 28th November 2016 that are still active not being automatically rechecked?

Are those claims not automatically being rechecked/corrected and backdated? 

Do I need to take action to get a claim awarded before 28th November rechecked/corrected rather than just wait? 

calcotti

Text deleted because I’m not sure what I posted was correct. I can’t see how to delete the post entirely.

sparkycat2

calcotti said:

I think the rules now are the same as they were before November 2016 which is why the earlier claims do not need checking. What happened was that the DWP tried to change the rules and claims after November 2016 were based on the new rules. However the change was then found to be unlawful and after June 2018 went back to the old rules. Only the decisions in the intervening period need to be reviewed.

The rules were not changed by the DWP on the 28th November 2016. Case law changed as Upper Tribunal judges Rowland, Rowley and Hemingway held in MH,2 dated 28 November 2016, that descriptors ‘c’, ‘d’ and ‘f’ could be satisfied by claimants by virtue of ‘overwhelming psychological distress’. The government appealed and did not apply the case law until 28th June 2018. Anyone assessed prior to June 2018 including all those assessed prior to the law changing on the 28th November 2016 were not assessed according to the current law. 

I want to know if the citizens advice website is correct that those awarded PIP prior to 28th November 2016 will not automatically be rechecked and have the change in the law on 28th November 2016 applied to their claims and backdated to the 28th November 2016. Do all those people need to take action rather than just wait?

calcotti

Thanks sparkycat2, I was deleting my post as you posted because I realised I’d muddled things up.

calcotti

Found this https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7911
It says the review will include anyone who was receiving PIP on 28th November 2016 - but not people who had been refused it. This is obviously different to what the Citizens Advice site says. I don’t know which Is correct.

Robbie64

calcotti said:

Text deleted because I’m not sure what I posted was correct. I can’t see how to delete the post entirely.

Since the forum upgrade it no longer appears possible to be able to delete a post.

calcotti

Robbie64 said:

calcotti said:

Text deleted because I’m not sure what I posted was correct. I can’t see how to delete the post entirely.

Since the forum upgrade it no longer appears possible to be able to delete a post.

So far I’d describe it as a change rather than an upgrade!

calcotti

There’s a DWP progress report here https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared-at-5-january-2020
This says:
“Since June 2018, the department has been carrying out an administrative exercise looking at claimants who were entitled to PIP on the date of the Upper Tribunal decisions to review whether these changes mean they are eligible for more support under PIP. The department is also looking at claimants who were awarded PIP on or after the dates of the Upper Tribunal decisions, up until the department implemented the decisions into its decision-making processes.”

However it it seems to suggest most cases have been cleared. If you think your case should be considered but have not heard anything about it then it may be prudent to contact DWP.

[Deleted User]

Just saw this story in Facebook 

https://www.thelondoneconomic.com/news/thousands-of-people-with-mental-health-problems-could-be-missing-out-on-pip-despite-court-ruling-against-dwp/11/02/

sparkycat2

calcotti said:

There’s a DWP progress report here https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared-at-5-january-2020
This says:
“Since June 2018, the department has been carrying out an administrative exercise looking at claimants who were entitled to PIP on the date of the Upper Tribunal decisions to review whether these changes mean they are eligible for more support under PIP. The department is also looking at claimants who were awarded PIP on or after the dates of the Upper Tribunal decisions, up until the department implemented the decisions into its decision-making processes.”

However it it seems to suggest most cases have been cleared. If you think your case should be considered but have not heard anything about it then it may be prudent to contact DWP.

Thanks."looking at claimants who were entitled to PIP on the date of the Upper Tribunal decisions" would indicate citizens advice website is wrong.

It also shows they have rechecked 720,000 so most cases have not been rechecked. There are about 1.6 million. So it is possible that they may not have got round to the claim. I guess it is a matter of carrying on waiting. Hopefully they will speed up as otherwise it is going to take ages. 

hb2

From Benefits and Work this week -

"However, the department now says that it has changed the procedure so that it will only review cases it thinks most likely to benefit.

Other claimants will just get a letter asking them if they want to have a review.

Hundreds of thousands of claimants will be left to decide whether they believe that complex changes to eligibility criteria affected them or not.

If they think they have been affected it will then be up to them to ask the DWP to look at their award again."