PIP reassessment

HillStreetBlues

If the proposed changes come about I will lose my standard rate daily living as my max score is 3 in any one category (have 9 points in total)
I have always been scored wrongly in  "Preparing food" I have scored 2 points for  Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave."  this is incorrect as I have always stated I can not cook a simple meal, I just eat ready meals, or chocolatly stuff. I have just read case law about it
https://www.gov.uk/administrative-appeals-tribunal-decisions/ae-v-secretary-of-state-for-work-and-pensions-2024-ukut-381-aac
I should score 4 points for that category, as that would give me 11 points I never bothered asking for  reassessment as I have it for an on-going period which is due for review after Jan 2030.
My health is worse since the award, I expect I could now get 12 points but not 100% sure.
Currently I do not need the extra money that enhanced would give.

The options is just to wait and see what does happen, but the issue with that is I expect many will be asking for reassessments or bite the bullet and ask for a reassessment in the near future.

I do get enhanced mobility, but got 24 last time so not really worried about that side of it, also passes the higher threshold of getting LCWRA via mobility.

Thought I would take some sounding of what other members think.

Spoonie_Turtle

I would doubt that they'll look through people's awards and just stop any that didn't score 4 points in an ADL.  Is there any precedent for that?  A major factor against that would be it being grossly unfair, some people keeping their current award for longer or shorter depending on how long it takes DWP to get to their case.

More likely (I would have thought) would be the threshold is applied to awards made after the change comes in, including reviews and any requested reassessments.

peteuk

Going back to my training use of microwaves are for specific safety reasons eg uncontrolled seizures with no warning. (Please dont take that as I agree) 

On a broader basis by putting the 4 pt rule in, reduces the chance of a standard activity award, as more often than not if you score a 4 in one area, your likely to do so elsewhere.  

HillStreetBlues

Spoonie_Turtle said:

I would doubt that they'll look through people's awards and just stop any that didn't score 4 points in an ADL.  Is there any precedent for that?  A major factor against that would be it being grossly unfair, some people keeping their current award for longer or shorter depending on how long it takes DWP to get to their case.

More likely (I would have thought) would be the threshold is applied to awards made after the change comes in, including reviews and any requested reassessments.

Thanks, I would normally be reading the Green Paper, but  can't face it ATM, I have only read the basic snippets, I have just read a few more and the ones I just read states "means that people who only score the lowest points on each of the PIP daily living activities will lose their entitlement in future".  the last bit has been omitted in some reports.

Hopefully I can catch up after the March Budget Spring Statement.

HillStreetBlues

Just had a read and I will now score an extra 2 points in "Communicating  verbally, so I should get the enhance rate with 13 points.

Spoonie_Turtle

HillStreetBlues said:

Spoonie_Turtle said:

I would doubt that they'll look through people's awards and just stop any that didn't score 4 points in an ADL.  Is there any precedent for that?  A major factor against that would be it being grossly unfair, some people keeping their current award for longer or shorter depending on how long it takes DWP to get to their case.

More likely (I would have thought) would be the threshold is applied to awards made after the change comes in, including reviews and any requested reassessments.

Thanks, I would normally be reading the Green Paper, but  can't face it ATM, I have only read the basic snippets, I have just read a few more and the ones I just read states "means that people who only score the lowest points on each of the PIP daily living activities will lose their entitlement in future".  the last bit has been omitted in some reports.

Hopefully I can catch up after the March Budget Spring Statement.

There's not much detail about it in there to be honest (as far as I've seen, always happy to be corrected if I have missed it), just "we will introduce a new, additional eligibility requirement'.  

I guess because they're not consulting on it they didn't feel the need to set out any details.   (VERY clear that nobody making these decisions has ever had to claim one of these benefits.)

NedS

It's covered in sections 139-142 of the green paper.

Focussing PIP more on those with higher needs
139. PIP will remain an important, non-means tested benefit for disabled people and
people with health conditions – regardless of whether they are in or out of work.
However, the number of people receiving PIP is rising significantly and is
becoming unaffordable. In 2024/2025, there were three million working-age
people in receipt of PIP at a cost of £21.8 billion. By 2029/30, the working-age
PIP caseload is forecast to be 4.2 million people, at a cost of £34.1 billion
per year.83 The rate of increases in claims and expenditure is not sustainable
and has outstripped the growth in disability prevalence.
140. Changes are needed that will control the spend on the welfare bill, while
continuing to support those people with higher needs relating to their long-term
health condition or disability. As described above, we will introduce a new
eligibility requirement to ensure that only those who score a minimum of four
points in at least one daily living activity will be eligible for the daily living
component of PIP. This requirement will need to be met in addition to the
existing PIP eligibility criteria.
141. This means that people who have lower needs only in the daily living activities
(scoring three or less for each activity) will no longer be eligible for the daily
living component of PIP. Meanwhile, people with a higher level of functional
need in at least one activity – for example, people who are unable to complete
activities at all, or who require more help from others to complete them – will
still receive PIP.
142. We will introduce this change through primary legislation. It will apply to new
claims and for existing people who claim, future eligibility will be decided at their
next award review. This change means that people could lose entitlement to
the daily living element of PIP and potentially other entitlements linked to this
award.

They are not consulting on the above change, and the Green Paper suggests implementation in 2026/2027 for this change, as the government are seeking a change to primary legislation. It will apply to new claims and reassessments conducted after the date of introduction.

What is really interesting here is that they say they will seek to implement this through a change to primary legislation. The SoS already has powers to make changes to scoring though existing legislation, so the only reason (I can see) for an Act of Parliament is to prevent decisions being overturned or challenged in the courts. They clearly know this will be unpopular and are paving the way to prevent legal challenges.

HillStreetBlues

Thanks Ned, your post was a great help, after  thinking about it overnight I've decided to get a reassessment.

sourcrates

I have PIP at the standard rate for living, and the standard rate for mobility.

Mobility decided on appeal.

The decision notice states my award for both parts is for an "indefinite period".

How long is an indefinite period folks, and when would I be re-assessed, any ideas?

HillStreetBlues

sourcrates said:

I have PIP at the standard rate for living, and the standard rate for mobility.

Mobility decided on appeal.

The decision notice states my award for both parts is for an "indefinite period".

How long is an indefinite period folks, and when would I be re-assessed, any ideas?

Most PIP is time limited, indefinite period just carries on until they decide to reassess, the guide for this is 10 years after award and would be a "Light Touch" basically   just confirming nothing has changed. This is based on the current rules.

NedS

Indefinite awards are normally given to claimants who are either over state pension age or who have a condition that is unlikely to improve or is degenerative and only likely to worsen.

An indefinite award is usually reviewed every 10 years, but may not involve a reassessment but rather a 'light touch review' where you are confirming there have been no changes in your circumstances.