PIP and ESA RENEWAL FORMS - QUERIES

Hi,
My wife has received her PIP renewal and Work Capability Assessment Questionnaire for her ESA awards. I have questions on both so will start with PiP first.

PIP Award: she receives the enhanced rate of the daily living component and the enhanced rate of the mobility component. These were both awarded to her at a Tribunal in September 2015. Due to my wife suffering with an ABI (Actual Brain Injury) which has caused severe cognitive impairment from contracting Meningococcal Septicaemia in 2007. I am currently filling in the AR1 Form and mainly ticking the no change box but adding further info in the box re-iterating to the DWP the problems she has. Will the DWP refer to the previous tribunal notes and the reasons the Judge awarded the enhanced rate on both components? Just concerned that we may have to go through the whole health assessment again, which was a complete joke last time and the possibility of another reconsideration/tribunal. I maybe jumping the gun but having read other peoples issues at renewal I am rather concerned.

Secondly the ESA renewal. Again my wife was awarded ESA with the support component at a tribunal. The same judge that awarded her PiP award. For this tribunal we did not need to attend as the judge made a decision without us having to attend as he had the enough written evidence from us to make a conclusion. Even though my wife did not satisfy any of the Schedule 3 descriptors required to receive the Support Group component, she was awarded it under the Regulation 35 of the ESA Regulations 2008, as explained by the Judge here:
“By reaons of brain injury secondary to meningococcal meningitis and fibromyalgia and anxiety depression. Mrs Cooper is significantly limited, in particular in any type of planning of her daily living together with significant memory problems. As a result, the above Scedule 2 descriptors are satisfied. Nevertheless she does not satisfy any Schedule 3 descriptors. However, if she were found capable of work related activities, this would result in a substantial risk to her mental health and her well being.”

This decision placed particular reliance upon the evidence of the neuropsychological report we supplied and oral evidence from her PiP Tribunal she had in September 2015.

I feel that i need to complete the WCA form as I did previously, even though this went to tribunal but add as additional notes at the end the reason why my wife was awarded the support group component previously. I will also send a copy of the Tribunal Service letters detailing the awards for each of the above.

If anyone could advise if this is the most viable way forward with both of these forms it would be greatly appreciated. Its a bit of a mind field and from our previous horrendous experiences are very nervous about any negative outcome there may be.

Thanks in advance.

Hi Gordon, thanks for your reply, much appreciated.

The Tribunal did indeed give points and increase points for activities they had not awarded previously. By doing this she was awarded both enhanced rates for both components. Previously she was receiving standard rate for both components.

I have copied the tribunal notes that the judge made and will be adding a copy of this with the AR1 when I send it back. Along with the Brain Injury report, various other medical letters my wife has and the tribunal evidence I submitted at the time of the case.

On the AR1 form we have ticked no change on each section except one, which has been changed to harder. I have also reiterated on the “no change” ones the conditions my wife suffers with, even though there is no change. As you say, there may be some balance but from what i have read it is a bit up in the air at the moment.
With regards to Reg 35 I will be adding the Brain Injury report again along with the Tribunal award and notes the Judge made explaining my wifes severe cognitive impairment.

Hopefully this will make things transparent enough for the caseworker, but who knows!

Regards, Andy.