Does The DWP Owe You Cash?
The latest Department for Work and Pensions (DWP) figures show that almost one in five claimants who are forced to move from Disability Living Allowance (DLA) to Personal Independence Payment (PIP) get no award whatsoever. Up to July 2017, 649,480 DLA claimants were reassessed for PIP by IAS, formerly known as Atos. Of these, 125,680 (19%) received no award at all”
“Until last week, the DWP had argued that a claimant could only score points for being unsafe if harm was likely to occur on more than 50% of the occasions on which they attempted an activity. But, in back March a panel of upper tribunal judges held that the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion."
"Since then it has taken the DWP an almost criminal seven months to update their guidance to health professionals and decision makers. The DWP believes that an extra 10,000 claimants will benefit by £70 - £90 a month as a result of the change. Whilst the DWP have no choice but to change the way they assess PIP claimants on safety grounds, new guidance to decision makers show that they aim to change as little as possible."
"The new guidance gives five imaginary examples of claimants who will need their claims reconsidering in the light of the upper tribunal ruling. As a result, the number of claimants who get an increased award is . . . can you guess? Yes, it’s zero”
If you were denied Personal Independence Payment (PIP) on the grounds that your safety was not at risk on more than 50% of the occasions on which they attempted an activity you may now have grounds to lodge a late appeal.
Anyone who thinks that the decision might apply to them should seek advice from a Local Authority Welfare Rights Team or Citizen's Advice Bureau showing them the article from Benefits and Work.