esa/pip

tricky01

Hi all ive been getting pip standard rate for daily living for 3 years and have just been given another 4 years with the same rate , I have also just been awarded 9 points for mobilising unaided by another person and 6 points for standing or sitting after attending a tribunal hearing for my esa claim so my question/query is should i not be entitled to similar points for mobility for pip as i am for esa as its the same condition/issue ?   

BenefitsTrainingCo

Hi tricky01

The descriptors for ESA and PIP are quite different. Not sure which 9 point descriptor you were awarded for ESA, but assuming it's the 'unable to mobilise more than 100m' one, then this would not of itself indicate that you would be entitled to PIP, and in fact might indicate that you are not.

For PIP, put simply it's up to 20m for enhanced rate, or up to 50m for standard rate. When the Tribunal have assessed your points for ESA, they had the 15 point descriptor (which would still only equate to the standard rate of PIP, but did not award this.

All this said, it may be the case that you do in fact merit a claim for the mobility component of PIP, it's just that you can't tell this from the ESA award! The website 'benefits and work' do a PIP self- assessment tool that you can use to have a check of what award might be correct for you. Have a look http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test

Good luck!

tricky01

Hi thanks for reply and advise , I would like to ask another question that i need advise with if i may , On the decision notice from my tribunal it says i am entitled to esa with the work related activity component does this mean that i can expect to have this element back dated to when they stopped my esa following the medical assessment in may last year or do i have to have been attending work focused interviews to be receiving this component ? its all a bit confusing as i have arthritis in my right foot and 3 corroded discs in my lower spine from being ran over by a lorry when i was 12 years old my condition is getting worse every year so why would i be put in a work focused group as i thought that was for people whos condition was expected to improve any advise is greatly appreciated thanks  

BenefitsTrainingCo

Hi tricky01,

You should get the work-related activity component backdated to the end of the assessment phase of ESA - this is 13 weeks, so it may well be earlier than the date your ESA was stopped following the assessment. To put it another way, the component should be backdated to the beginning of the 14th week of your ESA claim.

As for your other question, the work-related activity group is for people who the DWP have decided do not have limited capability for work-related activity. The test doesn't specifically look at whether or not your condition is expected to improve. The test for limited capability for work-related activity (also known as the support group test) looks for specific things you can't do; it isn't points-based.

So, for example, the support group descriptors for mobility are 'cannot mobilise more than 50 metres on level ground without stopping' or 'cannot repeatedly mobilise 50 metres within a reasonable timescale'.

Another route to the support group is to show that work-related activity would be a risk to your health or the health of another person. 

Unfortunately, as you can see, the test isn't related to whether or not your condition will change.

You don't have to have been attending work-focused interviews to get the component backdated but you may be called to some in the future, and you may be required to take part in work-related activity. It's important to attend the interviews to avoid sanctions (a reduction in benefit) but do post back if you want more advice about anything you are required to do. 

Will