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Under what legal route can the DWP change the law

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gruber
gruber Posts: 29 Listener
edited October 2019 in PIP, DLA, and AA
Although I am one of the beneficiaries of Amber Rudd's statement regarding pensioners and PIP reviews I cannot for the life of me find out on what basis she has been able to change the rules.
The regulations relating to PIP are quite clear and concise and no where can I find that being of a certain age excludes one sector of the public over another. Age of the PIP claimant is not mentioned in any part of the Legislation.
Anybody help please?

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  • markyboy
    markyboy Community member Posts: 367 Pioneering
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    Hi i am 67 and my award ends in December and had to apply for PIP again i have filled in a PIP2 and awaiting to see if i need an assessment even though Amber Rudd stated that all those of a pension age will not face reassessments 
    When i contacted the helpline they were as clueless as all of us and could not give me an answer.
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    edited September 2019
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    grubergruber and markyboymarkyboy

    There are two issues here. One is the point at which people on DLA are too old to be affected by the move to PIP. That only applies if you were 65 or over on 8 April 2013. Anyone younger than that does have to claim PIP if they wish to continue getting benefit.

    The relevant regulations are the Personal Independence Payment (Transitional) Regs 2013, Reg 3(2). 

    Next we have Amber Rudd's statements that pensioners, once they were on PIP, would not be reassessed. What she actually said was that this would be replaced by 'light touch' ten yearly reviews. The policy started with new PIP claimants of pension age (from 31May 2019) and was extended to all PIP claimants on 9 July 2019. 

    Unfortunately the problem is that this remains only policy, not law. As you have found, there is nothing in the PIP regulations to prevent reassessment of claimants of any age. So if the DWP reassess someone of pension age more frequently than every ten years, they are not breaking the law as far as the legislation goes. However, this would be a discretionary decision (to carry out an assessment more frequently) which could be challengeable as it would be a failure to follow their own guidance.

    If this is happening (you are of pension age and having reassessments within PIP more often than every 10 years), you could complain, or I think the decision could be challenged via a judicial review if you were able to find a solicitor to help (I think the DWP might well back down & decide not to reassess after a pre-action letter on this issue). I also think it would be worth approaching your MP.

    Will
    The Benefits Training Co:

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  • Swordfish
    Swordfish Community member Posts: 54 Pioneering
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    NEW DWP SECRETARY OF STATE
    They come and go so frequently that it seems pointless to even learn their names.

    But, for the record, following yet another Brexit-related resignation by a secretary of state for work and pensions, the latest replacement is called Therese Coffey.

    Coffey has the distinction of having voted to cut spending on benefits no fewer than 52 times between 2012 and 2016.

    Coffey also consistently voted for mass surveillance of people’s communications and activities.

    And she generally voted against laws to promote equality and human rights.

    Plus, she was one of 72 MPs who are also landlords who voted against an amendment that would have obliged all landlords to ensure that their properties were “fit for human habitation”.

    Looking on the bright side, Coffey may well be only a placeholder who will lose her post after the next election, regardless of who wins.

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  • dolfrog
    dolfrog Community member Posts: 441 Pioneering
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    It is just corrupt politicians manipulating the system for their own benefit, to make money for them and their friends. 
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  • markyboy
    markyboy Community member Posts: 367 Pioneering
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    I have wrote to my MP regarding clarification on this issue which has been forwarded to the DWP  and i await the outcome if any
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  • Government_needs_reform
    Government_needs_reform Community member Posts: 859 Pioneering
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    This is the latest regarding ongoing PIP awards for pensioners.


    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


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  • Government_needs_reform
    Government_needs_reform Community member Posts: 859 Pioneering
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    Also worth reading some of the statements I made regarding Ongoing PIP awards.

    https://community.scope.org.uk/discussion/61766/pip-ongoing-awards-whether-it-be-both-enhanced-and-or-standard-awards-light-touch
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


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  • dolfrog
    dolfrog Community member Posts: 441 Pioneering
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    markyboy said:
    I have wrote to my MP regarding clarification on this issue which has been forwarded to the DWP  and i await the outcome if any
    My MP was only interested in providing support while their party was in opposition, but as soon as their party became the government, their support quickly became non existent.
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  • worried33
    worried33 Community member Posts: 492 Pioneering
    edited October 2019
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    The DWP cannot change the law, the ministers as part of a government can try and get a new law passed in the HoC's.  Thats the way laws get changed.

    Coffey on paper seems a nightmare appointment, Rudd was planning to get LHA entitlements increased, it be interesting to see if Coffey follows up on that.
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