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TOPIC: Changes to pip law

Changes to pip law 5 days 21 hours ago #246406

Good evening, Firstly id like to say I hope you are all safe and well.

I have just received the changes in pip law letter regarding my child, basically saying they have looked at the pip and it is not affected.
My child had only scored 4 points , which I don’t agree with, she’s autistic, has anxiety , and social and communication difficulties, and there is no way she can plan and follow a journey.
How best can I challenge this under the MR please.
Thank you
Karen

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Changes to pip law 5 days 21 hours ago #246407

Karen

Your son, unless you are his appointee, can request an MR of the Decision, be aware that this relates to his problems as they were on what I assume was the previous Decision, not as he is now, his MR needs to be framed in this way/

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

Gordon

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

Changes to pip law 5 days 20 hours ago #246409

Gordon thank you for your reply
I am the appointee.My child was and is still unable to plan and follow a journey. She would have no idea how to get to a place , how to read timetables etc, can’t even talk on the phone due to anxiety and stress. If it wasn’t for me she would be housebound .
Perhaps I have misunderstood the changes in pip law, I thought it meant if you are unable to plan and follow a journey your claim / points would be looked at again and assessed

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Changes to pip law 5 days 20 hours ago #246413

Karen

The change (and it's reset) is explained in the PIP Claim in more detail but is based around claimants with mental health issues being able to follow a route.

The change prevented mental health issues, which includes Autism from being considered as a reason for being unable to do this. The reset allowed it to be considered again but only on the basis that the claimant would suffer "overwhelming psychological distress" if required to follow a route and it would be this OPD that would prevent them from finishing the route.

From your post, the letter you received is saying that the DWP have looked at the previous Decision and have decided there it was correct. He has been scored for being unable to undertake a journey without prompting, they don't consider that he has sufficient problems to meet the criteria for following a route.

In your latest post you say that if it was not for you she would be housebound, have you considered arguing that she is unable to undertake a journey, this won't give an Enhanced award but it could give a standard one?

Gordon

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

Changes to pip law 5 days 19 hours ago #246419

Gordon
Thank you, I just find the whole thing so confusing and very stressful. She always has OPD hence why she rely’s on me for everything , can’t plan , follow or even consider it without me , has even said about committing suicide once I’m no longer around, which is heartbreaking. Perhaps I should just leave it as it is at present, it is due to be looked at again in two years. I’m not expecting anything to change for the better in that time , if anything it will more than likely become worse.

Karen

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Changes to pip law 5 days 17 hours ago #246424

Hi Karen

I was at a tribunal a few weeks ago with someone similar to your daughter, we went in with zero points and came out standard rate for both components, there was also a DWP presenting officer there, so don't give up.

What is useful at tribunals are day diaries and support letters detailing what support they give to your daughter, it could be from you or anyone else giving support.

Gary

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