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.