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Hi, my name is confused56! A question regrading the pip change

confused56

hi please can some one answer my question .regrading the pip change since april 2016 .it says cases wont be looked at again if enhanced rate was awarded for people needing promping to be socialbe.its the nx part thats confusing it says if you had been to a tribunal but does this mean if you had been to a tribunal for any part of your claim or just for daily living .i went to tribunal for mobility part of my pip claim as id already been giving the daily living but not mobility .

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chiarieds

If a person already had an enhanced award for the daily living component, then the DWP would not look at such awards again as, even with the change of law, a person couldn't receive any additional money as enhanced gives the highest amount you can get anyway.

If you go to a tribunal then everything is looked at again, not just part of a claim. The last I read, the DWP can't change an award made by a tribunal, so they weren't going to look again at those claimants either.

poppy123456

If you don't already have Enhanced daily living then when you took it to Tribunal they would have looked at your whole claim again and not just the mobility part.

Of course if you have already got Enhanced daily living then this doesn't apply to you, if you've had that award since 6th April 2016. https://www.gov.uk/government/publications/personal-independence-payment-changes/social-support-changes-to-pip-law-from-6-april-2016

confused56

thank you poppy for your reply .i dont have enhanched daily living just standard .the reason i took it to tribunal was because of my mobility part .so this is why im confused will pip not look at my claim again as i suffer with anxity n depression n i cant go out with out support

chiarieds

As mentioned above, the DWP can only change a decision they've made, not a decision made by a tribunal. From the link poppy gave above:

'We will not look again at claims if:

the enhanced rate of the daily living part of PIP has been awarded continuously since 6 April 2016
a Tribunal has made a decision on your claim since 6 April 2016'

poppy123456

When you took it to Tribunal they would have looked at the whole award again and not just the mobility part because you didn’t have Enhanced mobility.

This means they will not look at the decision again because when you took it to Tribunal they would have applied the law correctly at the time.

confused56

thank you

confused56

chiarieds thank you for your reply .when i asked for my claim to go to tribunal i had been granted standard on daily living which i was happy with .i had prevously been giving enhanched on mobility but then when it was renewed i was not giving any thing on mobility the tribunal granted me standard on mobility .this was in 2019 .so would my claim not be looked at now because i went to tribunal about mobility side of my claim

poppy123456

confused56 said:

chiarieds thank you for your reply .when i asked for my claim to go to tribunal i had been granted standard on daily living which i was happy with .i had prevously been giving enhanched on mobility but then when it was renewed i was not giving any thing on mobility the tribunal granted me standard on mobility .this was in 2019 .so would my claim not be looked at now because i went to tribunal about mobility side of my claim

As has already been advised because you were awarded by a Tribunal then they would have looked at your whole claim again and not just part of it. The law would have been applied correctly at the time they made their decision. As you were awarded by a Tribunal DWP can't change that decision so it will not be looked at again.

chiarieds

When you go to a Tribunal, you have disagreed with the DWP's decision concerning the mobility component, but a tribunal will look at all of your claim (daily living & mobility). The tribunal decided that you should also have the standard rate of mobility as well as the standard rate for the daily living part.

So, the DWP's decision was overturned, & your award now is being paid by the DWP (as they didn't disagree with the Tribunal's decision). So now the DWP can't change that decision for the length of your current award. So sorry, the DWP have said they're not looking at claims where they have been awarded by a Tribunal, as mentioned above.

The DWP have been applying this change in law to all PIP reviews since 17 Sept 2020.

confused56

thank you

chiarieds

You are most welcome, tho sorry this doesn't help you just now.

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