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Upper Tribunal Ruling On Connection Betwen PIP And
- kah22
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7 years 1 month ago #210454 by kah22
Upper Tribunal Ruling On Connection Betwen PIP And was created by kah22
I’ve read that an Upper Tribunal (CPIP/3272/2016) has said that, when someone is reassessed for PIP after being on DLA, that there is a direct connection between the level of the DLA award and the level of the new PIP award.
As I understand it The Upper Tribunal said that it was a long-established legal principle in social security law that Tribunals must give good reasons why it was making no or a lesser award when a substantial one had been made under a predecessor benefit. (This is known as the R(M)1/96 principle, after the case which established it).
Remembering the DWP backdown for virtually refusing mobility to those with mental illness, can I assume that where a DM awards 7 or less points for mobility to someone with a mental condition but who had previously received the low or high rate mobility that there is now an arguable case, when seeking a MR or going to a Tribunal, that a similar award to the old DLA should be made?
I can see where there would be an arguable case for those who were previously in receipt of high rate mobility but I wouldn’t be sure of the lower rate mobility
As I understand it The Upper Tribunal said that it was a long-established legal principle in social security law that Tribunals must give good reasons why it was making no or a lesser award when a substantial one had been made under a predecessor benefit. (This is known as the R(M)1/96 principle, after the case which established it).
Remembering the DWP backdown for virtually refusing mobility to those with mental illness, can I assume that where a DM awards 7 or less points for mobility to someone with a mental condition but who had previously received the low or high rate mobility that there is now an arguable case, when seeking a MR or going to a Tribunal, that a similar award to the old DLA should be made?
I can see where there would be an arguable case for those who were previously in receipt of high rate mobility but I wouldn’t be sure of the lower rate mobility
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7 years 1 month ago #210500 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Upper Tribunal Ruling On Connection Betwen PIP And
Kevin
Although this is an important Decision I don't think it is as clear cut as your post suggests,
Assessors and Decision Makers have to operate within the guidelines issued by the DWP and this Decision has not been incorporated into these, it ma not be.
Even at appeal the key requirement is for the panel to provide adequate reasoning as why a different award is justified, this could be as simple as the claimant failing to show that they meet the criteria for a PIP award.
Even for Mobility, where there is the most synergy, a DLA HRM award will in the vast majority of cases translate into a PIP Standard award.
Gordon
Although this is an important Decision I don't think it is as clear cut as your post suggests,
Assessors and Decision Makers have to operate within the guidelines issued by the DWP and this Decision has not been incorporated into these, it ma not be.
Even at appeal the key requirement is for the panel to provide adequate reasoning as why a different award is justified, this could be as simple as the claimant failing to show that they meet the criteria for a PIP award.
Even for Mobility, where there is the most synergy, a DLA HRM award will in the vast majority of cases translate into a PIP Standard award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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