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Pip and social support Supreme Court ruling.

billyandmebillyandme Member Posts: 16 Connected
edited September 2020 in News and opportunities
Hi I’ve read the ruling and I’m confused. Are they going to be checking everyone’s claim or is it just for claims that began after 2016 ? I scored 2 on the discripter and currently have 11 points.I can not attend appointments or leave the house without support from my mental health team or Son. My reports also says this. My son said I should write in and ask for my claim to be looked at. My understanding was they will write to us if affected by the ruling. Any clarity would be gratefully received. 
Thank you.


Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    They were/are (not sure if all claims have been looked at) looking at all claims that had a decision on or after 28th November 2016. It will really depend on when the decision was made on your claim. If it was after this date then they will contact you. If it was before this date then your claim will not be looked at again.




    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • billyandmebillyandme Member Posts: 16 Connected
    Hi poppy. I wasn’t very clear. I meant the ruling with regards of social support. Some people should have had 4 points but either got 2 or none.Something I read on the benefits and work web sight.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The ruling was regarding following and planning a journey, not social support. They removed the words "other than overwheling psychological distress from some of the descriptors in following and planning a journey.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's another link here that also explains the regulations that were put into place with all the changes to following and planning a journey. https://pipinfo.net/activities/planning-and-following-journeys

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • billyandmebillyandme Member Posts: 16 Connected
    Hi poppy I was thinking about this one https://vimeo.com/460200942
  • billyandmebillyandme Member Posts: 16 Connected
    Having just listened to this properly, looks like if I wanted to be considered for this I would have to apply myself. Thank you
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I would need to see the legislation for that because that video makes no sense to me at all.

    There's no changes to what's already existing under the criteria now. It's never had to be anyone experienced in anything. Providing you needed the social support 4 points could always be awarded. My daughter needs soicial support to even go out through the door, by either myself or her sister and she scored 4 points for that activity.

    If it had to be an experienced person then it would make no sense and would be ridiculous.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • billyandmebillyandme Member Posts: 16 Connected
    Thanks for your reply. I’m not great on computers so I don’t actually know how to post the link correctly. It is on the benefits and work web sight. I will try again to see if I can put some kind of link up.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    Although i can't give any further advice because i don't know anything about your conditions at the time of your claim. All i can tell you is that if your PIP was awarded by a Tribunal then DWP will not be considering that claim, at least that's how i understood it.

    There maybe further anouncements in the coming weeks but i really have no idea.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • billyandmebillyandme Member Posts: 16 Connected
    Ahh thank you.. I was still trying to figure it out. My claim was awarded by dwp. I’ve been claiming pip since 2015 for mental health and can’t leave the house without either my support worker or my son. Perhaps it’s still early days and I should just see what happens. 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This was taken from the link above.

    It is likely that it will consider PIP decisions made between the 6 April 2016 - the date from which the ruling applies - and 17 September 2020 - the date from which the DWP says that it has been following the Supreme Court ruling.

    If the decision on your claim was made in 2015 then that's outside the timeframe.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • billyandmebillyandme Member Posts: 16 Connected
    Ok thank you. 
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    There's some info here which may shed some light on this, but altho B&W say this is recent, the Supreme Court's judgement was over a year ago.


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @chiarieds thanks for that. Having had a look through i'm not even going to start to even get my head around any of that lol. Way too much information for me to take in.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Sorry @poppy123456 - you did say you'd need to see the legislation......I read it, but had to take a break part way through!
    As far as if a decision was made by tribunal within the previous 13 months, you can make a late appeal to UT to overturn the decision as an error in law. Sadly none of this helps the OP.
  • billyandmebillyandme Member Posts: 16 Connected
    Does this mean I shouldn’t apply. ?
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    edited September 2020
    Unfortunately as Poppy posted, claims before 6th April 2016 are not considered; it's for those who claimed between 6th April 2016 & 17th September 2020, sorry.
    If your PIP was reviewed between those dates, then I presume that could be considered.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    chiarieds said:
    Sorry @poppy123456 - you did say you'd need to see the legislation......I read it, but had to take a break part way through!
    As far as if a decision was made by tribunal within the previous 13 months, you can make a late appeal to UT to overturn the decision as an error in law. Sadly none of this helps the OP.

    I did yes... then i forgot how long they usually are and mostly give me a headache ;) Thanks for finding it though, i failed to do that. I did try to have another read but i'm no further forward than i was the first time.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Does this mean I shouldn’t apply. ?

    You can't apply for anything because you already have a PIP award in place. You can of course put in a change of circumstances but before doing this you should get some expert advice.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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