The government announced yesterday that they will be reviewing 1.6 million personal independence payment (PIP) claims to see if claimants should have been given more points for the mobility component. It was also revealed that guidance to health professionals and decision makers has still not been updated to take account of the decisions that prompted the mass review.
1.6 million
Earlier this month we highlighted the DWP’s decision to abandon their attempts to discriminate against claimants with mental health conditions trying to claim the mobility element of PIP.
It has since been disclosed by the government that they believe up to 220,000 people could be entitled to a higher award as a result.
Now, the DWP have revealed that 1.6 million claims will have to be looked at again as a result of the their U-turn.
The news came in answers by Sarah Newton, Minister for Disabled People, Health and Work to written questions from Debbie Abrahams, Shadow Secretary of State for Work and Pensions.
Newton revealed that the DWP “will be going through all cases in receipt of PIP and all decisions made since the judgment in MH to identify anyone who may be entitled to more as a result of the judgment.”
Newton went on to say that:
“The Department will directly contact anyone who is affected and additional payments will be backdated to the effective date in each claim. The effective date will be either the date of the claim or the date of the MH judgment (November 2016), whichever is the later date. Claimants do not need to write to DWP in order to receive the correct award.”
Newton refused to be drawn on how long the reviews would take, saying only that:
“This will be a complex exercise and of considerable scale, as we will be reconsidering approximately 1.6 million claims.”
No new guidance yet
In her written answers, Newton also revealed that PIP assessors are currently still working to the old, out-of-date and legally incorrect guidance, explaining that:
“We are working with stakeholders to change the PIP assessment guide so that we can implement the judgment.”
Until we see the new guidance, we won’t know how the DWP have chosen to interpret the court rulings. The concern is always that the DWP will define who is entitled to points due to psychological distress as narrowly as they possibly can, to reduce the number of awards.
Will claimants know if they have been refused?
As matters stand it seems that the DWP will be trawling through existing claims, and possibly refused claims, to see if there was an element of psychological distress in the papers.
If so, they will then decide whether additional points should be awarded and whether the claimant should get an award, or a higher award, as a result. In some cases they may try to obtain additional evidence before making a decision.
At this stage, it seems possible that the only claimants who will be contacted and given a decision are those who are found to be entitled to more money as a result.
If this is the case, then claimants who consider that they are entitled to an award, or a higher award, as a result of the change in the law but who do not get one, will not be told that their case has already been looked at and will not be given an opportunity to challenge the decision.
How and when
The Daily Mirror says that the DWP told them that no-one will have to have a fresh face-to-face assessment as a result of this process. Instead the DWP will contact claimants or their GP if they need to find out more.
The Mirror also claimed that the DWP will be looking first at claimants who have died since a decision was made in their case and then at those who got no award at all.
Only then will they move on to claimants with an existing award.
We’ll keep readers informed as more information becomes available.
Questions and answers in full
Debbie Abrahams, Shadow Secretary of State for Work and Pensions, asked:
“To ask the Secretary of State for Work and Pensions, with reference to Written Statement of 19 January 2018, HCWS414, whether applicants will be entitled to a reassessment if they were given the standard rate of the PIP mobility component after the February 2017 changes to PIP regulations, where the cause of the claim was psychological distress.”
Sarah Newton, Minister for Disabled People, Health and Work, replied:
“As part of implementing the MH Upper Tribunal judgment, the Department for Work and Pensions will carry out an administrative exercise in order to ensure that claimants receive the correct award. We will be going through all cases in receipt of PIP and all decisions made since the judgment in MH to identify anyone who may be entitled to more as a result of the judgment. This review will include claimants who are currently receiving the standard rate of the PIP mobility component and experience psychological distress.
“The Department will directly contact anyone who is affected and additional payments will be backdated to the effective date in each claim. The effective date will be either the date of the claim or the date of the MH judgment (November 2016), whichever is the later date. Claimants do not need to write to DWP in order to receive the correct award.”
Debbie Abrahams asked:
“To ask the Secretary of State for Work and Pensions, with reference to the Written Statement of 19 January 2018, HCWS414, what the timetable is for claimants to be informed if they are entitled to a back payment.”
Sarah Newton replied:
“We are working with stakeholders to change the PIP assessment guide so that we can implement the judgment. Once we have completed this exercise we will be carrying out an administrative exercise to review cases that may be eligible and ensure that claimants receive the correct award. This will be a complex exercise and of considerable scale, as we will be reconsidering approximately 1.6 million claims. Whilst we will be working at pace to complete this exercise it is important that we get it right.”
