Written statement on Personal Independence Payments
Tuesday, 26 June 2018 06:32
Sarah Newton (Minister of State for Disabled People, Health and
Work): I am pleased to inform the House that two review
exercises will begin today. One with regard to the MH and RJ
judgments and one for claimants whose main disabling condition is
haemarthropathy. The first payments will be made in late summer.
The Secretary of State made a commitment to keep the House updated
on MH, this statement is fulfilling that commitment and is the
3rd update so far. On 21st December...Request free trial
(Minister of State for Disabled
People, Health and Work): I am pleased to
inform the House that two review exercises will begin today. One
with regard to the MH and RJ judgments and one for claimants whose
main disabling condition is haemarthropathy. The first payments
will be made in late summer.
The Secretary of State made a commitment to keep the House
updated on MH, this statement is fulfilling that commitment and is
the 3rd update so far.
On 21st December 2017 the High
Court handed down its judgment in the judicial review challenge
against regulation 2(4) of the Social Security (Personal
Independence Payment) (Amendment) Regulations 2017 S.I. 2017/194.
This regulation reversed the effect of the Upper Tribunal decision
in MH. This decision broadened the interpretation about how
symptoms of overwhelming psychological distress should be assessed
for the purpose of mobility activity 1 in PIP.
The Secretary of State informed the House on the
19th January 2018 that after careful
consideration she would not be appealing the High Court judgment,
in order to provide certainty to claimants. Since then the
Department has been working at pace and taking the necessary steps
required to implement the decision in MH.
I am pleased to tell the House that this work is now complete
and I have today published the new guidance required in order to
implement the change. The guidance can be found
at https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers
On 2nd November 2017 the
Department published updated guidance following an Upper Tribunal
judgment on RJ that was handed down on
9th March 2017 on how the Department
considers a claimant to be carrying out an activity safely and
whether they need supervision to do so. The review exercise will
now also look back at PIP claims to consider whether an increase in
entitlement should be awarded as a result of RJ.
In addition, the Department is also beginning a review of
approximately 420 PIP cases where the main disabling condition is
haemophilia to identify and review claimants with haemarthropathy,
following feedback from external stakeholders that the functional
needs of claimants with haemarthropathy were not being adequately
assessed. We expect this exercise to be completed in 6
weeks.
I will continue to update the House.
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