Jan 192018
 

At quarter to four this afternoon the Government sent PLP a letter confirming that they will not be appealing RF’s win at the High Court. This means that as of tomorrow – Regulation 2(4) from the 2017 Regulations is quashed and the original 2012 Regulation on planning and following a journey stands. The MH judgement also still stands (see further below), so those with psychological distress can be considered for all descriptors in planning and following journeys (Activity 11).

The Government have announced that they will now go through all affected cases and work out where backpayments/increases are due (see link from Hansard and excerpt below) http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-01-19/HCWS414/

The key difficulty May be that they have said during litigation that they don’t have records of who is affected, so how they will begin that process is unknown. Mind estimate around 160,000 people will be affected.

If you might have been affected by this illegal change sneaked in last March then please get in touch with DWP and/or your MP to ask for your money to be reinstated and backdated.

The decision not to appeal was apparently made by lovely Esther who said “I hope that by making this statement it is clear that the Government is committed to improving the lives of people with a Mental Health condition.”

I am sure all of you who have a MH condition will be very pleased to know this although you might also be rolling around laughing at her empty words.

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 Posted by at 17:07

  7 Responses to “Breaking News – PIP legal challenge result stands”

  1. I welcome the court ruling that people with mental health issues should all be reassessed, but according to the BBC, all 1.6 million PIP claimants are also going to be reassessed. This will mean people like me who have a physical disability are now under the threat of losing there entitlement because as we all know, when being assessed it all depends on who you get on the day. I had to go to appeal the first time I was assessed and won, but the stress of it all was horrendous. Any thought anybody?

  2. When I heard the Channel 4 news introduction on a PIP review last night I thought ~ wow! However, when the main item was presented it appeared that the “review” will only applied to those “lucky” people already receiving PIP. This is good news, please do not get me wrong…

    …But it leaves the many thousands of disabled people (especially those of us with “invisible” disabilities) who on switching from ESA (I was on High Care ESA) were suddenly found not disabled at all ~ up the proverbial _ creek. Please actively continue to work for us too! https://you.38degrees.org.uk/petitions/mental-health-disability-benefit-assessments

  3. I to have suffered the stress and anxiety of the DWP withholding information and it’s time they we’re head in contempt…there dispictable.

  4. It’s been common practice with DWP in many cases especially E S A that when people have written in for explanations of reason etc files get conveniently misplaced or the usual we have not received it etc , it is always wise to make sure you name and address is on the back of every envelope .

  5. I can’t believe that Ester McViles first decision as head of DWP was to not appeal the High Courts decision on RF’s challenge.

    Could we have her all wrong ?

    • I doubt very much that she has changed her colours in any way. They were up for the high jump and just decided that this is a good way to spin it.

  6. I recall reading that the DWP is destroying the files of benefit claimants much too early—in some cases, before a claimant has an opportunity to appeal.

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