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PIP Variable Condition Change in Rules?

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9 years 11 months ago #136286 by Rob
I have just noticed that in the new PIP Handbook issued by the DWP the guidance regarding variable conditions seems to have changed considerably for the worse!

My understanding is that the original intent for variable conditions was that if a condition is present at any point during a 24 hour period it should be considered as being present for the whole day. This was a change from the DLA 50% rule; the 'new' PIP rule was that a condition had to be present for 50% of days, rather than 50% of the time. This is well documented in several publications from the DWP.

The PIP Handbook now states, on page 9, "The timing of the activity should be considered, and whether the claimant can carry out the activity when they need to. For example, if taking medication in the morning (such as painkillers) allows the individual to carry out activities reliably when they need to throughout the day, although they would be unable to carry out the activity for part of the day (before they take the painkillers), the individual can still complete the activity reliably when required and therefore should receive the appropriate descriptor."

The new guidance would seem to suggest that if you can complete an activity at some point of the day then you will be considered able to complete it for the whole day. The polar opposite of what was originally stated and that which the original legislation intended.

I believe that this is a significant change and would be grateful for any clarification that the Moderators can give.

Non Sine Certamine

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9 years 11 months ago #136296 by Gordon
Replied by Gordon on topic PIP Variable Condition Change in Rules?
VOR_Stally

I'm actually unable to comment, I don't have a stored copy of the PIP Handbook and nor does the B&W site, I've tried a number of searches to find archived copies, but have come up blank.

I'm also unsure as to the status of the Handbook in regard to PIP assessments, the Assessment Providers make use of the PIP Assessment Guide as updated by the DWP, the Handbook appears to be a general information document for representatives.

We had a similar question some months ago about this to which the Site Owner commented you can read their reply on the following link

www.benefitsandwork.co.uk/forum?view=top...03678&start=6#132786

Gordon

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

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9 years 11 months ago #136301 by Rob
Replied by Rob on topic PIP Variable Condition Change in Rules?
Gordon, the handbook is at the link Here

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9 years 11 months ago #136302 by Rob
Replied by Rob on topic PIP Variable Condition Change in Rules?
Gordon, further to my last; I'm waiting for a date for my appeal to be heard by a First Tier Tribunal, during which I'll raise this issue. I'll let you know their thoughts.

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9 years 11 months ago #136305 by Gordon
Replied by Gordon on topic PIP Variable Condition Change in Rules?

VOR_Stally wrote: Gordon, the handbook is at the link Here


Thanks. I have the latest one, it was a previous version that I was trying to find :)

Gordon

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

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