Diabetes — Scope | Disability forum
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Diabetes

tina1888
tina1888 Member Posts: 85 Courageous
can I ask if anyone else seen this? And also will it help diabetics going for appeal?
Thanx

Comments

  • Misscleo
    Misscleo Member Posts: 647 Pioneering
    Anyone got more info on.this please
    Many thanks
  • Yadnad
    Yadnad Posts: 2,856 Connected

    A bit heavy I know but taken from Rightsnet:

    more detail on the Garden Court site:

    The First-tier Tribunal (FTT) had decided that two claimants with chronic conditions were entitled to a Personal Independence Payment (PIP). The SSWP appealed to the Upper Tribunal (UT). But shortly before a test case hearing arranged before a three-judge panel of the UT for 21st May 2018, the SSWP withdrew her appeals (Secretary of State for Work and Pensions v AN & JM CPIP/1882/2015 and CPIP/1159/2016). Her related appeal to the Court of Appeal (Secretary of State for Work and Pensions v Birch C3/2017/0894) will now also be withdrawn. Both claimants will receive the disability benefit to which the FTT had decided they were entitled.

    The appeals concerned the meaning of Daily Living Activity 3, ‘Managing therapy or monitoring a health condition’, before amendments were made to it in March 2017. The government had been arguing that ‘therapy’ excluded treatment which consisted of the monitoring of health and administration of medication. For example, one of the claimants in these cases was a person with type 1 diabetes and unusual sleep patterns, who needed someone to watch over him at night, sometimes administering insulin or glucose while he slept, to avoid diabetic coma and death. The FTT had decided he qualified for PIP. The government had argued in the appeal that he should be awarded only 1 of the minimum 8 points necessary to qualify for PIP.

    The claim was that therapy should include medication. Therefore:

    f. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 14 hours a week would be worth 8 points

    However the DWP was arguing (but gave up) saying that Therapy did not include medication, thus:

    b. Needs either – 
    (i) to use an aid or appliance to be able to manage medication; or 
    (ii) supervision, prompting or assistance to be able to manage medication or monitor a health condition which is worth 1 point.


    I would presume that because the DWP have folded (up to now never knowing what they will do in the future though) some people may well now be entitled to the Standard rate of Care whilst others may be entitled to the Enhanced rate of Care.

    It's a waiting game to see how the DWP play it and how they will look at the previous cases

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