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  • Zipz
    Zipz Online Community Member Posts: 2,218 Trailblazing
  • rach_90
    rach_90 Online Community Member Posts: 32 Contributor
  • waylander9602
    waylander9602 Online Community Member Posts: 23 Contributor

    Looks like it's going to be a money bill!

  • Zipz
    Zipz Online Community Member Posts: 2,218 Trailblazing
  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,728 Championing

    He’s cancelled their right to abstain and trying to pressure them to vote for cuts . If it were to be a money bill wouldn’t have had to announce it though ?

  • waylander9602
    waylander9602 Online Community Member Posts: 23 Contributor

    Just watched a video on YouTube disability talk with Steve. Something corbyn has said.

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,728 Championing

    Only place I’ve read it is at the top of Jeremy Corbyn letter . Though could it be the reason he’s scrapped the offer of them to abstain ?

  • chiarieds
    chiarieds Online Community Member Posts: 17,021 Championing
    edited June 22

    I think when Kendall was talking about the 'severe criteria' for UC, the 'non negotiable' comment was just to show how much Labour truly want to protect the most vulnerable disabled people. Not of course about cutting costs to the benefits system, but showing how much they wish to offer support! But they do want this 'severe conditions' to be added to the Social Security legislation, so I think it will definitely happen if their bill goes through.

    That's the interesting, or otherwise bit, about in the future scrapping the WCA, so if receiving UC then you may be considered as in the 'severe conditions' category, but they want a single assessment, the PIP assessment with it's proposed new 4 point rule, to then become the gateway to receive either UC or PIP. Something has to give, as PIP is a different animal to UC. If the functional problems you have with PIP have to be for the majority of the time, then you can't have 'severe conditions' in UC having to be for all of the time.

    Similarly if PIP is about 'how your disability affects you,' &, completely fairly, then those without a diagnosis can claim, then, as @Zipz says, why would you need a NHS diagnosis for some of those claiming UC? If Labour don't begin to think clearly, then they're going to run into enormous problems, & they should be thinking about this now.

    This is where I become disconcerted, as the DWP has taken over who now provides assessments, i.e. the Health Assessment Advisory Service (HAAS), &, according to Timms, the DWP is also now responsible for providing the 'Core Training and Guidance Material' about different conditions, including those which are fluctuating, which are used by HAAS. So, a monopoly by the DWP in all aspects.

    Any such 'guidance' they're are providing can only say how a person suffering from x disorder is likely affected, but, as we know, everyone may have similarities, but be affected differently. I'd be tempted to ask at my PIP review if they have their handbook about Chiari 1 Malformation handy? I didn't even mention this at my PIP assessment as not many UK Drs even understand it. What about other claimants with comparitively rare disorders?

    I wouldn't worry about painkillers, or any other medications, overmuch @secretsquirrel1 With PIP it seems they try to use this to ascertain, yes, you really are as affected as you claim to be as you need to take these. Tho some of us can't take some meds because of their side-effects, or they simply don't work. There's an argument about this in case law I believe that use of meds, or not, doesn't mean anything in particular when determining PIP eligibility. Just found it again.

    Here's what was said by the Upper Tribunal judge in CPIP/381/2019:

    'Pain is notoriously difficult to measure. There is no objective clinical pain test. But
    that probably doesn’t really matter in the context of assessing entitlement to PIP
    given the way the PIP Regulations approach things. The scheme of the PIP
    Regulations approaches disability in a practical and claimant-centred way. It isn’t
    concerned with diagnoses but rather with the impact that a claimant’s health
    condition has on the individual claimant’s ability to do things. The claimant’s
    subjective account of their experience of pain and discomfort is one factor to be
    taken into account. The tribunal is obliged to consider such evidence as there is
    (exercising its inquisitorial function to seek further evidence if appropriate), to
    evaluate that evidence in the light of all the other evidence, and to make findings of
    fact accordingly. Having done so it must explain its decision with adequate clarity.'

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,728 Championing

    I does seem though that they’re using the same criteria for lcwra and the scc . It’s just lcwra you must be affected 50% of the time but scc 100% constant. If it were for your condition/s that makes more sense but the descriptors are for particular symptoms. How many will have a particular symptom constantly with no respite ? Then supposing you get lcwra and scc on mobility but you don’t get a 4 on care . I’m on enhanced for both but don’t get a 4. You could go through the whole process gaining points but lose your award if you don’t get a 4 . Then while you wait to go to appeal you have to look for work though you passed for lcwra. It doesn’t make sense to me though my brain fog is very bad right now .

  • chiarieds
    chiarieds Online Community Member Posts: 17,021 Championing

    I agree that not much of this makes sense @secretsquirrel1 - however,

    With PIP it's the majority of the time, so more than 50% of the time. With LCWRA, as far as the mobilty descriptor goes it's:

    Cannot either:
    (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
    or
    (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

    With severe conditions, the descriptor is said to be needed to be constant, not your symptoms. As far as the LCWRA descriptors go about 'physical' problems, they're to do with actions.

    There are similarities with PIP in that 'discomfort,' 'exhaustion,' & being able to do the activity 'repeatedly' are mentioned with the mobility part of LCWRA.

    I appreciate your concerns with PIP; like many, if not most, I don't have any 4 points either, just one 3. However, I don't want any of us to get too far ahead of ourselves just yet. First these proposals need to be voted upon, & hope they don't happen! Please try not to worry.

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,728 Championing

    When I first went to tribunal when pip was new the fact I couldn’t take certain medications went against me as did not using aids. Now using aids is 2 points which isn’t enough without a 4. The tribunal were found to have erred in law in several ways and I finally won two years later. The scc could be a positive thing as you won’t be at the mercy of assessors but I think it’ll be made to be as difficult as possible as their aim is to save money. I can’t see how anyone can be eligible for scc or which conditions have symptoms that are constant.

    Can I ask you chiaried, you mentioned you were a physio and you know about fibromyalgia etc can fibromyalgia cause hand cramps that occur every day ? I had blood tests done years ago and nothing was found but the cramps in my hands have gotten worse while cramps elsewhere have not . Hope I’m making sense with this brain fog

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,728 Championing

    But if the descriptor is for mobility for the lcwra surely the distance you walk is the symptom not your condition ?

  • chiarieds
    chiarieds Online Community Member Posts: 17,021 Championing
    edited 12:29AM

    I don't think I knowingly ever treated anyone with fibromyalgia @secretsquirrel1 - I specialised in treating babies & young children with cerebral palsy. My interest in fibro grew many years later when I was trying to work out our family's medical history.

    I read an awful lot about fibro, as it has some similarities with Chiari 1 Malformation that runs in our family. In fact many Chiari patients had been misdiagnosed with fibro. Many disorders have similarities with others, but I learnt a lot reading medical papers by mainly USA Drs concerning fibro.

    It's also been found from several medical studies that the pain of fibro is similar to that of patients with the hypermobile type of Ehlers-Danlos Syndrome that I found through researching that myself & family have.

    Fibro can cause spasms in some patients, which may be the cause of your hand cramps. I only occasionally get them, so know how painful they can be.

    I've been looking to see if I can find anything current in the medical literature about this, & have found a (very long) paper from one of those USA Drs that I remembered reading about some time ago (tho this was published in 2016). I'll read it all through as soon as I can as I'm interested in anything he says as he's someone for whom I have enormous respect. If I find anything relevant that's more up to date I'll let you know.

    Sorry, just noticed your other comment, 'But if the descriptor is for mobility for the lcwra surely the distance you walk is the symptom not your condition ?'

    You may only be able to walk a certain distance due to your health condition & the symptoms you have because of this. If you only had pain/fatigue that doesn't mean anything in particular unless you have a condition that causes such symptoms. The pain/fatigue is the result, or symptom, of a health condition/disorder.

    The distance you can walk is an activity. Any limitation in this is the result of the symptoms (ill effects) you experience due to a health condition,

  • YogiBear
    YogiBear Online Community Member Posts: 272 Empowering

    Daily Express - 20 June 2025. Posting for information.

    DWP update after concerns PIP claimants could lose £2,500 over 20-metre rule

    Your payment rate for PIP depends on how your condition affects you

    By Nicholas Dawson, Finance Reporter based in London, covering personal finance with a focus on the state pension and retirement planning.Labour ministers have explained the rules around PIP eligibility after concerns claimants could lose out on entitlement due to a specific rule.

    PIP (Personal Independence Payment) provides payments to help cover the extra costs that a claimant incurs due to a long-term health condition or disability.

    The benefit includes a daily living part and a mobility part, with a lower and upper rate depending on your level of need.

    Conservative MP Charlie Dewhirst asked the Government if it had looked at the impact on claimants of losing out on entitlement to the mobility element, due to a particular 20-metre walking rule used when assessing how much a person should get.

    He wanted to know if ministers had considered both the "mental health and financial impact of losing entitlement". The mobility element currently pays £29.20 or £77.05 a week.

    This means if you were on the higher rate and became no longer eligible for any the mobility element, your income would drop by just over £4,000 a year.

    The 20-metre rule in question refers to the 'moving around' activity, which is one of two activities you are scored on to give you a total number of points to work out your entitlement.

    You need a total of at least 8 points to get the lower rate and a total of at least 12 points to get the higher rate.

    To get any points for the activity, you need to at least be limited in your movement such that you can stand and then move more than 50 metres but not more than 200 metres, either aided or unaided. In this case, you would get 4 points.

    The 20-metre rule comes in with the next category - if you are less mobile, and you can stand and then move unaided more than 20 metres but no more than 50 metres, you would get 8 points, enough on its own to qualify you for the lower rate.

    But if you can stand and then move within the same limits, but only using an aid or appliance, you would get 10 points. If your situation is even more restricted, and you can stand and move more than one metre but no more than 20 metres, either aided or unaided, you would get 12 points, entitling you to the upper rate.

    You would also get 12 points if you cannot stand at all or move more than one metre, whether aided or unaided.

    DWP minister Sir Stephen Timms responded to the question. He summarised the walking distance rule in this way: "For those with physical restrictions, the enhanced rate of the PIP mobility component is for those "unable" or "virtually unable" to walk.

    "The 20 metre distance distinguishes between those whose mobility is significantly more limited than others and who face the greater barriers on a day-to-day basis, (those who have the highest need)."

    Further explaining the rules, he said that distance is not the only factor when assessing a person for the 'moving around' activity, as there is also a 'reliability' criteria.

    The minister said: "This means individuals who can walk more than 20 metres can still receive the enhanced rate of the mobility component if they cannot do so safely, to an acceptable standard, repeatedly or in a reasonable time.

    "Whilst claimants can only reach an enhanced mobility award in activity 12 if they cannot reliably walk more than 20 metres, they may still qualify for a standard award should they satisfy another descriptor scoring a minimum of 8 points.

    "Claimants can also reach a standard or enhanced mobility award by scoring 8, or 12 points respectively across activities 11 and 12 combined."

    If you were on the enhanced mobility rate of £77.05 a week, or £4,006.60 a year, and you were reassessed and dropped to the lower rate of £29.20 a week, or £1,518.40 a year, you would lose out on £2,488.20 a year.

    Addressing the question directly, he said the DWP had not looked at the mental health impact of losing out on PIP due to the 20-metre distance rule.

  • Ranald
    Ranald Online Community Member Posts: 1,289 Championing

    A new party, ah yes, and how are the SDP doing these days?

  • johnnyy85
    johnnyy85 Online Community Member Posts: 190 Empowering

    disability talk with Steve on YouTube thinks it’s gonna be a money bill

  • Jamk85
    Jamk85 Online Community Member Posts: 37 Empowering
    edited 7:16AM

    This will end very bad for labour if this does get through, i mean being threatened if they vote no.

  • Zipz
    Zipz Online Community Member Posts: 2,218 Trailblazing

    You're right , or course, but I wonder if it might end badly for the Labour front team if the Bill were to crash and burn. Reeves and Kendall would lose face totally.

  • MW123
    MW123 Scope Member Posts: 1,278 Championing

    There’s no evidence that the Universal Credit and Personal Independence Payment Bill is being made a money bill. Official updates and order papers don’t list it as one, and the government hasn’t said they’re using that route. Right now, the bill is going through the usual process in the House of Commons, with full debate and votes by MPs at every stage.

    Even if it were made a money bill (which there is absolutely no evidence for), MPs could still vote it down at any point, it doesn’t skip debate or votes in the Commons. The only difference with a money bill is in the House of Lords, they can’t block it or delay it for more than a month, and the Commons doesn’t have to accept their changes. The money bill process is there to stop the Lords blocking financial laws, not to avoid scrutiny or opposition from MPs.

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,728 Championing

    Morning chiarieds,

    Hope you’re well . Thank you so much for you advice it’s really appreciated. I’ve always found the mobility component confusing as with my conditions you get PEM so if you were able to do more on a particular day you suffer for it afterwards. And though it says you should be able to do the journey repeatedly I don’t know that assessors really take that into account. Last time the question was changed to how many minutes I walk , I’d never thought to count in minutes. I also get points for planning a journey but I haven’t seen that in the lcwra descriptor so not sure if that counts . A lot of the time I either fight through pain and fatigue if I can or don’t go out at all . So I may not go out for a few weeks as I physically can’t . But my assessor didn’t accept that and kept insisting on if I do go out etc.

    And first thing this morning I received a txt saying my pip form is on its way . What a way to start the day 😂