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PIP application- Any ressources/advice 4 autism ?

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9 years 1 month ago - 9 years 1 month ago #128933 by MummyBear
Are there any guides or articles discussing PIP application issues specific to autism, ADHD ?

I made a search on this site, but didn't see anything specific. Sorry if I missed...
Thanks
Last edit: 9 years 1 month ago by slugsta.

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9 years 1 month ago #128938 by slugsta
Hi MB,

PIP and DLA are both awarded because of care and/or mobility needs, rather than because of specific diagnoses. Therefore our guides focus on how to best describe your limitations rather than being separated into individual conditions.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 1 month ago #128941 by MummyBear
Dear Mrs Hurtyback,

Thank you for your comment, which I obviousely appreciate, as the whole site and the 70 page guide. I understand that that guide is not specific to any condition.

Of course I certainly understand DLA and PIP are awarded based on care needs, having been arround supporting autistic DS whole his life... And having been successful with child DLA application in the past...


However, with respect, that was not my question.

My question is, are there any ressources / articles / sources of advice that deal with issues specific to the Autistic Spectrum Disorder / Autism / Asperger ?

That question is absolutely relevant and desserves answers for the benefit of many claimants affected by those conditions.

The presentation of care needs for people on the autistic spectrum would have some specific pecularities and how this specific presentation is interpreted for the purpose of PIP (as compared to child DLA) is certainly a question of particular interest to the people affected.

So with respect, if you don't mind, I would welcome any reference to such ressources from anyone.

For starters, I found on this site the following appeal decision which discusses the thorny issues arising from Aspergers at some length CDLS2974-2004:
www.benefitsandwork.co.uk/45-disability-...ons/301-cdla29742004

Are there any other guides, articles, decisions that could be of help?

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9 years 1 month ago #128950 by Gordon
MummyBear

I am afraid we do not host information that is specific to any particular condition on the site, your best bet is to look at any sites that are specific to the conditions in question, their information is likely to be less detailed in regard to PIP than ours, but more related to the problems that the conditions you mention might have, marrying the two together may allow you to provide a more comprehensive answer to the questions on the form.

I would be cautious referring to UTT Decision for DLA in regard to PIP, even if you are not referring to them directly. Whilst there are a huge number of DLA Decisions, it is likely that only a percentage will be viewed as having applicability to PIP, whilst there are considerable similarities between the two benefits there are also considerable differences, at this stage I don't think you can safely rely on any DLA Decision being applicable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta

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9 years 1 month ago - 9 years 1 month ago #129006 by MummyBear
Is there any history of PIP decisions? Any PIP cases with autism?
Last edit: 9 years 1 month ago by bro58.

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  • bro58
9 years 1 month ago - 9 years 1 month ago #129008 by bro58

MummyBear wrote: Is there any history of PIP decisions? Any PIP cases with autism?


Hi MB,

As PIP is such a relatively new "Benefit" I do not think that there has been any Upper Tier Tribunal (UTT) rulings yet.

Remember, to end up with precedent case law, the appeal must have first gone through the whole process, i.e. MR, Appeal to First Tier Tribunal, (FTT) FTT hearing, application to seek leave to appeal to The UTT, UTT hearing, UTT judgement made, or sent back to The FTT with directions.

This whole process could take 2 years or more, and PIP has only been active since April 2013.

There hasn't been that many FTT PIP decisions as of yet.

There may be some DLA caselaw that still has relevance to PIP.

However, just because certain UTT caselaw may be with reference to an appellant who suffered with a certain medical condition, does not mean that all appellants with the same condition can cite the caselaw.

It has to be what is known as a look-alike case, wherein there are a lot of similarities between the facts in the precedent caselaw, and the facts of the appellants case.

There is nothing to stop you doing a search in The Decisions Data Base :

See : Here, Here, and Here.

Have you thought of contacting : Mind.

I hope this helps.

bro58
Last edit: 9 years 1 month ago by bro58.

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