Has anyone been affected by the PIP Supreme Court Ruling on mixing with other people? — Scope | Disability forum
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Has anyone been affected by the PIP Supreme Court Ruling on mixing with other people?

kimbychick
kimbychick Community member Posts: 33 Connected
edited February 2021 in PIP, DLA, and AA
Hi, I am wondering if anybody on here has been affected by the supreme court ruling on mixing with other people? 

I am almost certain I am entitled to the 4 points for this and I scored 2 points. This would take me from standard to enhanced daily living.

I had heard in September last year that the DWP would be contacting claimants affected by this. There have been no further updates on this since.

I am unsure whether I should write to them myself or just wait. 

I would love to hear what other people think. Thanks 
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Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    These PIP review exercises take a long time for DWP to work through. Although it is frustrating I think you just have to wait.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • chiarieds
    chiarieds Community member Posts: 16,097 Disability Gamechanger
    Hi @kimbychick - we have had members ask about this, but I've not seen any mention that the DWP has contacted them yet, possibly due to the pandemic; staff shortages, backlogs on benefit claims, etc.
    This ruling applies to decisions made between 6 April 2016 & 17 September 2020, & in such cases, as you mention, that an award might have been made, or a change from the standard to enhanced rate of the daily living component of PIP. This doesn't affect anyone who had their decision made by a Tribunal. I haven't seen any further updates on this, sorry. Some info here: https://www.benefitsandwork.co.uk/images/image/samples/PIP_engage_changes.pdf

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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2021
    Found this 
    http://data.parliament.uk/DepositedPapers/Files/DEP2020-0532/PIP_Implementation_of_legal_judgment_MM_FAQ.docx

    Although it says the exercise has started there is no indication of how long they expected it to take.

    This is is also quite useful useful in explaining what the decision was about 
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918269/adm22-20.pdf
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • kimbychick
    kimbychick Community member Posts: 33 Connected
    Thanks so much for your replies. My award was made after MR in June 2017 so hopefully they will contact me. I would like to provide them with some additional evidence if they allow it at the time.

    One thing thats playing on my mind is that if I do get back pay it would be around £6,000. I have heard that DWP dont allow this amount of savings. I also receive other legacy benefits so does anyone know if they would stop these if I get over £6,000? 

    I feel I would rather not have any back pay if I have to go through the stress of giving up my legacy benefits then reapplying. 

    Thanks
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2021
    For means tested benefits there is a reduction for savings over £6000, the savings limit above which benefits stop is £16,000. 
    However arrears of PIP will be disregarded as capital for a period of 52 weeks during which you can spend it. If the arrears are more than £5000 the disregard may be longer if you are receiving income based ESA.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • kimbychick
    kimbychick Community member Posts: 33 Connected
    Thank you @calcotti as that is something I had been wondering about for a while. 

    I still receive income support as I have a child under school age and haven't been asked to apply for ESA yet.

    I am not sure if this will have the same outcome as if I were receiving income based ESA.

    Thanks again
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2021
    The rules are the same. Now I know what you are claiming I can give you a reference
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/932375/dmgch29.pdf
    See paragraphs 29495 and 29511-29513. These later clauses deal with arrears over £5000 due to official error and I think a correction following a court decision counts as official error.

    Note - When you no longer qualify for IS you will have to claim UC as new claims for income based ESA are no longer possible. You may want to seek advice about when to apply for UC, it is probably best to do it before your IS entitlement ends.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • kimbychick
    kimbychick Community member Posts: 33 Connected
    @calcotti thanks so much for taking the time to explain all of that.

    I don't know too much about UC to be honest but I will enquire like you said. When I do get moved over to UC will my PIP payments be seperate? Also do I still keep my severe disability premium? 

    Thanks again 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    kimbychick said:
    @calcotti thanks so much for taking the time to explain all of that.

    I don't know too much about UC to be honest but I will enquire like you said. When I do get moved over to UC will my PIP payments be seperate? Also do I still keep my severe disability premium? 

    Thanks again 
    PIP is completely separate from all means tested benefits.

    if you have the SDP when you claim UC you will get an additional amount in your UC called a SDP transitional element which will increase your UC entitlement. However the value of this extra amount will reduce over time.

    How long is it before you will lose entitlement to IS?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • kimbychick
    kimbychick Community member Posts: 33 Connected
    @calcotti I feel like I am already becoming so anxious at the thought of these changes to UC. 

    I get my income support topped up by around £90. I am sure £60 is SDP and £30 DP. I remember being very surprised at the time when I found out I would be entitled to both. Does the SDP transitional element add up to around the same? I dont imagine it would be as much.

    I still have another 2 and a half years before my little boy goes to school, so a while away yet but time flies!

    Thank you again so much for taking the time to reply to me. I really appreciate it x
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    kimbychick said:
    @calcotti I feel like I am already becoming so anxious at the thought of these changes to UC. 

    I get my income support topped up by around £90. I am sure £60 is SDP and £30 DP. I remember being very surprised at the time when I found out I would be entitled to both. Does the SDP transitional element add up to around the same? I dont imagine it would be as much.

    I still have another 2 and a half years before my little boy goes to school, so a while away yet but time flies!

    Thank you again so much for taking the time to reply to me. I really appreciate it x
    Because UC is calculated differently the amount of UC and IS will different anyway so comparing the SDP amount you get now and the SDP transition amount isn't very helpful. When your IS is due to end you will need to claim UC. That will also stop any Tax Credits and Hosing Benefit you currently get at the moment. The comparison would therefore need to be between the UC amount and the combined amount for IS, Tax Credits and Housing Benefit. Given it's a couple of years away who knows how the numbers will compare at that time.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • kimbychick
    kimbychick Community member Posts: 33 Connected
    Thanks once again @calcotti for all the info. 

    I will wait til nearer the time and worry about it. It is good to know what to expect in the future though. You have been so helpful x
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