That was Quick PIP, and I don’t mean Charles Dickens PIP

Morning Nice people 

First of all thanks mikehughescq for the link to rightsnet, below is what I found but I don’t understand a word of it, could anyone put it in easy to understand language for me? are they saying pip could move a state pension age claimant to Enhanced level or not?

Thanks in anticipation 

There is a fairly common misapprehension that PIP awards cannot be superseded to include or increase a mobility component except on the basis of issues which pre-date retirement. This is on the basis of Reg 27 of the Social Security (Personal Independence Payment) Regulations 2013. The Regulation is worth reading closely, as this case shows.

Reg 27(1) provides an exception to the usual rule that PIP cannot be paid to people of retirement age. That is then subject to a potential limitation. Reg 27(2) tells us when the limitation applies:

(2) Where the original award includes an award of the mobility component and is superseded for a relevant change of circumstance which occurred after C reached the relevant age, the restrictions in paragraph (3) apply in relation to the supersession.

Reg 27(3) tells us that the limitation is that (a) you can’t go from standard to enhanced and (b) if you are already on either standard or enhanced, you can’t stay on it unless its on the same basis as previously (Note that there is nothing in reg 27(3) to stop you going from no mobility to either standard or enhanced). 

The point made in this case is that reg 27(2) onlyapplies where the award “is superseded for a relevant change of circumstances”. A supersession on any other basis is not restricted.

As we know from innumerable other cases on this theme, the DWP does not need to prove a “relevant change of circumstances” in order to supersede an award. That’s because it can use Reg 26 of the Decisions and Appeals Regulations to supersede a decision simply on the basis that it has received new medical evidence such as a HCP report. Because that ground is broader and easier to prove, it is almost invariably the one which the DWP relies on.

Because a supersession under reg 26 D&A Regs does not depend on a “relevant change of circumstances”, it does not engage the limitation under reg 27(2) PIP Regs. A supersession under this ground can therefore be used to introduce or increase a mobility entitlement beyond pension age.

Further - because the claimant is entitled to take advantage of the most advantageous supersession ground available (see para 22), even if the supersession comes about because of a change of circumstances (e.g. a fall, broken leg or a stroke), provided that a HCP report has been obtained the ground under reg 26 D&A will still be available and should be used. 

This is likely to be extremely useful if you are advising PIP claimants beyond pension age.