DLA Tribunal Decisions - Are they binding?

Dear members

I was awarded DLA mobility element at Higher Rate 'for life' by a tribunal in 1992. I have a Motability car and I am worried that this will be taken from me once I am assessed under the new rules under PIP.

I haven't been asked to complete a PIP form yet but I know that this is only a matter of time given the fact that I have been asked to complete an ESA form which asks about your mobility. I have been in the Support Group and was transferred from the old Incapacity for Work a few years ago.

Clearly, the criteria under PIP is much stricter than under the old DLA.

If someone could please offer any advice, I'd be very grateful.

Many thanks

Oliverson wrote: Dear members

I was awarded DLA mobility element at Higher Rate 'for life' by a tribunal in 1992. I have a Motability car and I am worried that this will be taken from me once I am assessed under the new rules under PIP.

I haven't been asked to complete a PIP form yet but I know that this is only a matter of time given the fact that I have been asked to complete an ESA form which asks about your mobility. I have been in the Support Group and was transferred from the old Incapacity for Work a few years ago.

Clearly, the criteria under PIP is much stricter than under the old DLA.

If someone could please offer any advice, I'd be very grateful.

Many thanks

Hi O,

Welcome to Benefits and Work Forum

Irrespective of whether your existing DLA award was made as the result of a Tribunal Decision or by The DWP, or whether it is a "Life" or Indefinite Award, if you were below the age of 65 on 08/04/13, you will be "Invited" to transfer over to PIP over the coming 2-3 year period.

See : This Post in our Spotlight Area at the top of The forum.

"Clearly, the criteria under PIP is much stricter than under the old DLA."

Yes, that is correct, and the qualifying criteria to obtain an Enhanced PIP Mobility Component Award in particular, which would be needed to continue leasing a Motability Vehicle, is far stricter.

See : This BBC News Article.

However, that does not mean that it is impossible !

The links below should help with your understanding of how The PIP Assessment Process "works" :

PIP Claims Guide. (2nd Link down the page)

How The PIP Points Scoring System Works.

PIP Self Test

You can see information on how The Motability transitional support package operates : Here under the unfortunate circumstances where one fails to obtain an Enhanced PIP Mobility Award.

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You can read all about how best to deal with your ESA Re-Assessment on this page, 2nd & 3rd links down :

ESA Claims Guides

When you do receive your ESA50 through the post, you might want to consider :

Using The PDF Version Of The ESA50 Questionnaire


See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or Maximus. (aka CHDA, aka HAAS.)

From our : ESA FAQ’s


Whereas The PIP "Moving Around" Activity in PIP Mobility assesses the distance that you can "Walk", The ESA "Mobilising" Activity 1. also assesses the distance that you can self propel a manual wheelchair unaided, so with ESA it is not simply a "Walking" test as with PIP.

This is even if you have never owned, used, or been advised to use a a manual wheelchair.

With ESA, to qualify for The WRAG, you need to score a minimum of 15 points cumulatively across all/any of : The Functional WRAG (LCW)Schedule 2 Descriptors

To gain access to The SG you just have to qualify under any one of : The Functional SG (LCWRA) Schedule 3 Descriptors

(As you may notice, some but not all of the highest scoring WRAG Descriptors correspond to some of The SG Descriptors)

If you cannot qualify for The WRAG or The SG as above, another avenue is via : ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

Or via : ESA Reg 35 for entry to The SG (LCWRA)

This is all covered in our ESA Claims Guides from the links already provided above.

I hope this helps with your understanding !

You might want to Bookmark/Favourite this page in your Internet Browser. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

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