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Supreme Court Ruling - RE: Engaging with others

djc1991djc1991 Member Posts: 16 Listener
in PIP, DLA and AA
My PIP award was decided via Tribunal and I’ve been advised that the DWP won’t be reviewing cases that were awarded via this method.. but I fall in to the group that was scored incorrectly as I was awarded 2 points instead of 4 for needing prompting/support to be able to engage with other people. 

What are my options in regards to requesting a review of this as surely the tribunal would have to follow the same guidelines as the DWP and if they were incorrect as deemed so by the Supreme Court then surely the tribunals should also be reviewed? 

I think it’s unfair I lost out on the Daily Living component completely based on this; as my carer also loses out on potential CA or Carers Element too. 

Thanks 


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Replies

  • woodbinewoodbine Community Co-Production Group Posts: 5,086 Disability Gamechanger
    I'm going to have a guess here knowing that if i'm wrong someone will correct me, but couldn't you put in a change of circumstances?
    I will now only offer benefits advice on PIP, and specific benefits advice for other people with Epilepsy. 
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  • djc1991djc1991 Member Posts: 16 Listener
    woodbine said:
    I'm going to have a guess here knowing that if i'm wrong someone will correct me, but couldn't you put in a change of circumstances?
    Hi 

    Thanks for your response; does a change of circs request entail new forms/assessments etc? I’m not sure how it all works. 

    Thanks 
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  • poppy123456poppy123456 Member Posts: 23,187 Disability Gamechanger
    HI,

    A change of circumstances involves more forms and another assessment.
    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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  • woodbinewoodbine Community Co-Production Group Posts: 5,086 Disability Gamechanger
    You may find this helpful read it all:

    https://disabilityclaims.uk/pip-claim-change-of-circumstances/
    I will now only offer benefits advice on PIP, and specific benefits advice for other people with Epilepsy. 
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  • djc1991djc1991 Member Posts: 16 Listener
    poppy123456 said:
    HI,

    A change of circumstances involves more forms and another assessment.
    woodbine said:
    You may find this helpful read it all:

    https://disabilityclaims.uk/pip-claim-change-of-circumstances/
    Thanks both 😊
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  • chiariedschiarieds Community Co-Production Group Posts: 10,209 Disability Gamechanger
    Hi @djc1991 -  The DWP are only looking at cases where an award was decided between 6 April 2016 & 17 September 2020, & only those cases where a potential 2 more points means an award for the daily living component might be given, or if someone could have got an enhanced award rather than just standard.
    So, the DWP won't contact you, but you could contact them about it, & ask them to reconsider if you fall into the category above.
    If your tribunal award was in the past 13 months, you could do a late appeal to the Upper Tribunal saying that there has been an error of law. It would be an idea to get some local advice before proceeding & asking for a Statement of Reasons for such a tribunal decision.
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