- Posts: 18
× Members
PIP Q9 Query/Claim.
- Yorkyboy
- Topic Author
- Offline
Less More
7 months 1 week ago #289772 by Yorkyboy
PIP Q9 Query/Claim. was created by Yorkyboy
Hi,
I put my claim in for PIP in October 2016, & received Std for both components, with a score of 0 for Q9 even after a Reconsideration.
On the 1st December 2018 (without any prompting) I received a letter from the DWP regarding 'Changes in PIP Law' for
* Planning & following a journey
* Carry out an activity safely or not and whether they need supervision
They said that they had looked again @ my PIP award & it hadn't changed.
My award was meant to be reviewed after 3 years...meaning October 2019, but due to the normal delays & then Covid 19...it was September 2020 when I had my review...the outcome of that was 2 points for Q9 & then on mandatory Reconsideration I was awarded 4 points & Enhanced for both components.
Obviously I feel the Daily Living Q9 should have been 4 points from October 2016.
My question being ...have I any grounds for the back payments regarding the change in the Law in July 2019 ?
Many thanks
Yorkyboy.
I put my claim in for PIP in October 2016, & received Std for both components, with a score of 0 for Q9 even after a Reconsideration.
On the 1st December 2018 (without any prompting) I received a letter from the DWP regarding 'Changes in PIP Law' for
* Planning & following a journey
* Carry out an activity safely or not and whether they need supervision
They said that they had looked again @ my PIP award & it hadn't changed.
My award was meant to be reviewed after 3 years...meaning October 2019, but due to the normal delays & then Covid 19...it was September 2020 when I had my review...the outcome of that was 2 points for Q9 & then on mandatory Reconsideration I was awarded 4 points & Enhanced for both components.
Obviously I feel the Daily Living Q9 should have been 4 points from October 2016.
My question being ...have I any grounds for the back payments regarding the change in the Law in July 2019 ?
Many thanks
Yorkyboy.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
7 months 1 week ago #289776 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Q9 Query/Claim.
Y
I'm afraid not.
The letter you refer to was in regard to a change to the law that the DWP made to the Mobility Descriptors this was then reversed by a three Judge UTT panel. Question 9 was not affected by these changes.
A separate three Judge panel also ruled on the interpretation of Question 9 which resulted in the DWP having to carry out a review of previous Decisions involving this activity.
However, to have been included in this review you need to have scored two points for this activity on any relevant reviews, from your post you did not and therefore there is no opportunity for you to now have the Decisions reviewed.
Gordon
I'm afraid not.
The letter you refer to was in regard to a change to the law that the DWP made to the Mobility Descriptors this was then reversed by a three Judge UTT panel. Question 9 was not affected by these changes.
A separate three Judge panel also ruled on the interpretation of Question 9 which resulted in the DWP having to carry out a review of previous Decisions involving this activity.
However, to have been included in this review you need to have scored two points for this activity on any relevant reviews, from your post you did not and therefore there is no opportunity for you to now have the Decisions reviewed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Yorkyboy
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David