Legal Challenge to PIP mobility changes

Tuesday, January 9, 2018 | legal, News

Back in March 2017 the Government changed the regulations on PIP. You can read our article about it here>.
Regulations are the statements added onto the end of a law to say how the law will be achieved, its scope and limits – rules.

The Government changed the regulations so that PIP claimants who are getting high rate mobility because they cant follow the route of a familiar journey unless they have someone with them, due to overwhelming psychological distress, were only entitled to 10 points instead of 12 and will thus only qualify for standard rate mobility/getting around (£22 per week)  instead of high rate (£58 per week).

In December 2017 this was overturned by a case supported by MIND and the Equality and Human Rights Commission.
The High Court ruled  in [2017] EWHC 3375 (Admin) that the March 2017 amendments to descriptors c,d and f were unlawful and should be quashed. The argument agreed by the Judge, is that the new regulation is incompatible with the statutory purpose of Part IV of the Welfare Reform Act.

This decision can be quoted in any relevant PIP Tribunals, but it has been ruled as “stayed behind another relevant appeal” so this means if you are relying on the case at Triibunal, you must also tell the Tribunal that the Secretary of State is appealing in the case  UKUT 531 (AAC) which is due to be heard by the Court of Appeal in June 2018, and any appeals on this point may be stayed behind that.

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