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Thread: Government doesn’t appeal MH.

  1. #1

    Government doesn’t appeal MH.

    Brilliant news, I hope that sour taste in my mouth isn’t an indication of another change to come in the future but here you go:

    (Disclaimer: There are parts that may cause cynical laughter)

    “Supporting people with mental health conditions is a top priority for this Government. We are committed to ensuring our welfare system is a strong safety net for those who need it. That is why we spend over £50 billion a year supporting people with disabilities and health conditions –more than ever before.
    Disabled people and people with health conditions, including mental health conditions, deserve the very best support. Personal Independence Payment (PIP) replaced the out-dated Disability Living Allowance (DLA) system, with 66% of PIP recipients with mental health conditions receiving the higher rate of the benefit, compared to just 22% under DLA.
    On 21st December 2017 the High Court published its judgment in the judicial review challenge against regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 S.I. 2017/194. The Regulations reversed the effect of the Upper Tribunal judgment in MH.
    I wish to inform the House that, after careful consideration, I have decided not to appeal the High Court judgment. My Department will now take all steps necessary to implement the judgment in MH in the best interests of our claimants, working closely with disabled people and key stakeholders over the coming months.
    Although I and my Department accept the High Court’s judgment, we do not agree with some of the detail contained therein. Our intention has always been to deliver the policy intent of the original regulations, as approved by Parliament, and to provide the best support to claimants with mental health conditions.
    The Department for Work and Pensions will now undertake an exercise to go through all affected cases in receipt of PIP and all decisions made following the judgment in MH to identify anyone who may be entitled to more as a result of the judgment. We will then write to those individuals affected, and all payments will be backdated to the effective date in each individual claim.
    I hope that by making this statement it is clear that the Government is committed to improving the lives of people with mental health conditions.“

  2. #2
    Senior Member
    Join Date
    Feb 2013
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    So how does this affect me, I have had mental health since age 4, all the suicide attempts etc but both assessments by Atos have left it off?

  3. #3
    what do they mean by go through all affected cases. does that mean everyone on pip low mobility with mental illness will have there claim looked at again and if so will they be informed.

  4. #4
    Not been on for a while however i would also like to know if this will be backdated to prior to december 2017 as my original claim was only for standard rate of DL
    And was denied mobility based on MH however last assessment was awarded enhanced for both
    Due another reassessment in september this year also

    Just also read that this case has been ongoing since nov 2016 maybe earlier when original case was brought and they couldnt agree so im wondering if this would be backdated to for claimants ?
    What does everyone think ?
    Last edited by Curvingcookie; 01-19-2018 at 08:51 PM.

  5. #5
    Senior Member flowerangelx's Avatar
    Join Date
    Feb 2013
    I wonder if it's so they can reassess all of us that it may affect and completely deny us any help.

    I only got 4 points (but standard rate as I scored 4 on the moving around descriptor as well) due to ONLY needing prompting.

    Ironically, I have just been awarded support group of ESA on mental health alone.....because I get too distressed to go out alone most of the time.

  6. #6
    I doubt it, I don’t think they would get away with reassessing complete awards, only the mobility side and purely the planning and following a journey. Nothing else has changed so I doubt they would be permitted to review entire awards (not to mention the man power cost)

  7. #7
    Senior Member flowerangelx's Avatar
    Join Date
    Feb 2013
    I guess we'll all find out sooner or later.

    As it stands I'm happy with my award and wouldn't want to be reassessed early in case I lost what I have!

  8. #8
    I called pip to ask when will I hear something as on a previous thread I told the forum in December they were looking at my claim due to the change in law, sadly I was told the timescale is likely to be about a year An not to call back they have all the information they need from me, charming, so I doubt we will see any changes anytime soon, but would be pleasently surprised if u did

  9. #9
    Could someone kindly explain the implications of this ruling.

    My husband on appeal got enhanced rate PIP for daily living allowance but only standard rate for mobility, this based on both mental and physical disabilities.

    13 points for daily living allowance and 8 points for mobility.

    He is unable to go out nor mix with other people because of his mental condition, any advice would be appreciated, thanks, Debbie

  10. #10
    From what’s been said it sounds like they are reviewing all cases that involve it (dont know how). I’d advise to wait atleast a week or 2 and see what happens

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