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Pip and social support Supreme Court ruling.

billyandme

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.

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poppy123456

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.

See link. https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

billyandme

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.

poppy123456

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.

poppy123456

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

billyandme

Hi poppy I was thinking about this one https://vimeo.com/460200942

billyandme

Having just listened to this properly, looks like if I wanted to be considered for this I would have to apply myself. Thank you

poppy123456

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.

billyandme

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.

poppy123456

i found think link here. https://www.disabilityrightsuk.org/news/2020/september/dwp-launches-case-trawl-review-exercise-identify-pip-claimants-owed-benefit which explains it a little better than that video.

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.

billyandme

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.

poppy123456

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.

billyandme

Ok thank you.

chiarieds

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.

Please see: https://www.benefitsandwork.co.uk/personal-independence-payment-pip

& https://www.supremecourt.uk/cases/docs/uksc-2017-0215-judgment.pdf

poppy123456

@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.

chiarieds

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.

billyandme

Does this mean I shouldn’t apply. ?

chiarieds

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.

poppy123456

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.

poppy123456

billyandme said:

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.