PIP 2016 Law Change

rarasarr23

I got a letter from the DWP regarding this, letter somewhat vague just mentioning law change in 2016 and how I might be eligible for more points or words to that effect.

I am aware those claims that went to tribunal are not eligible.

I switched from DLA to PIP in 2016, this went to tribunal early 2017 but I didn’t win.

I reclaimed PIP again around September 2017 and this was awarded at the Standard Rate for both DL and Mobility, and looking at my bank statements those rates were paid until 2022.

No idea where the points were given so am waiting on decision letters to be sent (SAR made) …

Is it worth challenging and can anyone point me in the direction of the activities and wording for PIP back then before the law change?

peteuk

When it comes to law changes that affect the threashold of the descriptions of PIP then these are usually given a date. Your title suggests 2016.

At this point everyone who claimed PIP will be reviewed, and if it applies to them or not.  If not then theres no change, it it does then it goes for a further review.  

It would seem that your 2017 award will be reviewed, and if you qualify for any extra points these will be awarded to you.  If this takes you over the threshold from standard to enhanced then that will recalculate the award.  

What happened after 2022?

Robbie64

As far as I am aware, the wording in the legislation didn't change. Instead it was how the wording was interpreted that changed, following an Upper Tribunal decision. This had the effect of changing the law.

It's probably to do with the following: https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

The change meant that the DWP now gave more points for a particular part of the mobility descriptors connected with working out a route and following it. Again, from memory, this lead to what had been worth 4 points increasing to 10 points because of a change in how the regulations were applied following the tribunal decision on 28 November 2016.

poppy12345

Robbie64 said:

As far as I am aware, the wording in the legislation didn't change. Instead it was how the wording was interpreted that changed, following an Upper Tribunal decision. This had the effect of changing the law.

It's probably to do with the following: https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

The change meant that the DWP now gave more points for a particular part of the mobility descriptors connected with working out a route and following it. Again, from memory, this lead to what had been worth 4 points increasing to 10 points because of a change in how the regulations were applied following the tribunal decision on 28 November 2016.

Engaging with others "social support" was also included in the law changes .https://www.gov.uk/government/publications/personal-independence-payment-changes/social-support-changes-to-pip-law-from-6-april-2016

Robbie64

poppy12345 said:

Robbie64 said:

As far as I am aware, the wording in the legislation didn't change. Instead it was how the wording was interpreted that changed, following an Upper Tribunal decision. This had the effect of changing the law.

It's probably to do with the following: https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

The change meant that the DWP now gave more points for a particular part of the mobility descriptors connected with working out a route and following it. Again, from memory, this lead to what had been worth 4 points increasing to 10 points because of a change in how the regulations were applied following the tribunal decision on 28 November 2016.

Engaging with others "social support" was also included in the law changes .https://www.gov.uk/government/publications/personal-independence-payment-changes/social-support-changes-to-pip-law-from-6-april-2016

Thanks for the link. I'd forgotten there was another change in 2016.

rarasarr23

peteuk said:

What happened after 2022?

I was reviewed and awarded the Enhanced Rates for both Daily Living and Mobility.

peteuk

rarasarr23 said:

peteuk said:

What happened after 2022?

I was reviewed and awarded the Enhanced Rates for both Daily Living and Mobility.

So you need your report from 2017 - to see how many points you were awarded and then wait for the outcome of the review.   If they add 1 pt to an 8pt score then nothing will change. 

rarasarr23

peteuk said:

rarasarr23 said:

peteuk said:

What happened after 2022?

I was reviewed and awarded the Enhanced Rates for both Daily Living and Mobility.

So you need your report from 2017 - to see how many points you were awarded and then wait for the outcome of the review.   If they add 1 pt to an 8pt score then nothing will change. 

Yes, I know. I can’t recall how the points were awarded back then, but I’ve been given higher points from 2022 since for these specific descriptors, due to my autism report. Clearly, I’ve been autistic all my life, so there should be a strong chance higher points should be awarded on those previous claims, plenty of other evidence was also submitted.

peteuk

rarasarr23 said:

Yes, I know. I can’t recall how the points were awarded back then, but I’ve been given higher points from 2022 since for these specific descriptors, due to my autism report. Clearly, I’ve been autistic all my life, so there should be a strong chance higher points should be awarded on those previous claims, plenty of other evidence was also submitted.

 My point is if they add 1 point to an 8 point award, it will not change the outcome of the assessment.  

You will need to know which change applies to your assessment  and then how, if it does.  T-hen look at the descriptor applied to your previous assessment.  It is not a case of Im Autistic., been Austic all my life so therefore it needs to be changed. 

You should be able to request your previous assessments, Or at least your last report as the 2022 report will note the previous descroptor applied to the action in 2017. 

Spoonie_Turtle

peteuk said:

rarasarr23 said:

Yes, I know. I can’t recall how the points were awarded back then, but I’ve been given higher points from 2022 since for these specific descriptors, due to my autism report. Clearly, I’ve been autistic all my life, so there should be a strong chance higher points should be awarded on those previous claims, plenty of other evidence was also submitted.

 My point is if they add 1 point to an 8 point award, it will not change the outcome of the assessment.  

You will need to know which change applies to your assessment  and then how, if it does.  T-hen look at the descriptor applied to your previous assessment.  It is not a case of Im Autistic., been Austic all my life so therefore it needs to be changed. 

You should be able to request your previous assessments, Or at least your last report as the 2022 report will note the previous descroptor applied to the action in 2017. 

I understand what you're saying, that if the review were to only award them one higher descriptor for potentially only 2 extra points it still wouldn't be enough for enhanced.

However, the OP says they've been awarded enough points under those descriptors since, so their argument is that the same should have applied back from when those descriptors began being assessed the same way they are now, because they were autistic then just as they are now with the higher award.

[I don't know if there is an argument to be made that strengths profiles and support needs can change over time, but regardless of whether that can be true for others, clearly OP doesn't feel that applies to them for these activities.]

peteuk

Spoonie_Turtle said:

I understand what you're saying, that if the review were to only award them one higher descriptor for potentially only 2 extra points it still wouldn't be enough for enhanced.

However, the OP says they've been awarded enough points under those descriptors since, so their argument is that the same should have applied back from when those descriptors began being assessed the same way they are now, because they were autistic then just as they are now with the higher award.

[I don't know if there is an argument to be made that strengths profiles and support needs can change over time, but regardless of whether that can be true for others, clearly OP doesn't feel that applies to them for these activities.]

Take Social support: changes to PIP law from 6 April 2016 - GOV.UK which relooks at engaging with other people face to face. With a potential change from prompting’to potential social support.  But if in 2017 there were alredy awarded soical support, but the other activities leads them to a standard award.  Then thre will be no change.  In 2022 if they were awarded social support but the other activies then gave them an enhanced  award. 

So therefore the reports are key. 
Prompting is 2 points when social support is 4 points - two point difference but if already awards Social support theres no change.