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Thread: Amendments to PIP legislation for 2017

  1. #1
    Member Silverknight's Avatar
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    Amendments to PIP legislation for 2017

    Anyone make sense of this?

    The Social Security (Personal Independence Payment) (Amendment) Regulations 2017

    https://www.gov.uk/government/news/c...nt-regulations

    http://www.parliament.uk/business/pu...02-23/HCWS495/

  2. #2
    brightonbelle
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    hi silverknight,

    you and me on the same page with this topic. My earlier post gives more info...hopefully makes more sense

  3. #3
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Silverknight View Post
    Anyone make sense of this?
    Yes it's quite simple.

    The DWP Decision Makers are told to intrepret certain descriptors in certain ways.
    The Courts (Upper and Lower Tribunals) interpret them in a diffrent way and overrule the DMs.

    The government now say that the descriptors were never meant to be interpreted in the way that the courts have done.

    But the courts are the ones who interpret all legislation and decide what it means - that's their function.
    (If the government was sloppy when writing the legislation thats their problem).

    The courts trump the DMs and so the DMs should now change the way they interpret the descriptors.

    The Government/DWP don't like the way the courts have interpreted the legislation, and so they are going to change the descriptors.

    It's not the first time they have changed the PIP descriptors (or ESA descriptors) and it won't be the last.

    Of course anything they change is then again subject to any future court rulings at future appeals.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  4. #4
    Member Silverknight's Avatar
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    You can be sure of one thing. If this stiffening up of the interpretation of the descriptors does not, after a period of monitoring, appear to be delivering the targeted savings then more revisions will follow.

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    This link:

    https://samedifference1.com/2017/02/...-mh-claimants/

    shows the new descriptors. Whether they are accurate or not remains to be seen - apparently they are! Didn't click on the link (see below)

    Go to the bottom of the article and click on the new regulations legislation
    Last edited by pmlindyloo; 02-24-2017 at 03:47 PM.

  6. #6
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    Does this affect autism applications? Rang my son's transfer to pip in today. So glad I stumbled across this! He is physologically Distressed planning a journey but is also vulnerable and has no sense of danger. Hoping for the enhanced rate which we have had high rate for over 10 years. So worried. Will my claim be considered under this new rule?

  7. #7
    Senior Member cookmysock's Avatar
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    Yes it will. By the time your son has had his assessment completed and a face to face it will be after March 16th. I believe that's the date these new descriptors come into force. There is rumours that the decision makers are purposely going to wait till after this date before deciding on claims in order to make sure people with menatal illness fall foul of these new descriptor changes.

    It is still possible to get enhanced by scoring enough points on both 1 and 2.

  8. #8
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    I was put in the support group on two occasions without a medical. Infact I have never been to a disability medical since I started claiming DLA at 17 and Incapacity Benefit at 18. Because of the rules at the time I automatically received Incapacity Benefit because I was on high Rate DLA. I think because I've always had social workers either from child services or learning disability services filling forms in that has more weight than a parent or guardian filling them in.

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by cookmysock View Post
    There is rumours...
    Im not calling you in particlar Cookie, just making a point.

    Ah, rumours, pub talk, Chinese whispers - the latest buzz wird is "False News".

    Don't listen to it, it's all bollocks and just pushing an agenda.

    If you start listening to it you will get paranoid and start wearing a tinfoil hat.
    Last edited by nukecad; 02-24-2017 at 07:28 PM.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  10. #10
    Senior Member cookmysock's Avatar
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    True! My bad, :P It was what I read somewhere else; I am not normally one to fall for conspiracies; It's just nothing surprises me when it comes to the DWP.

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