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New PIP regs and appeals
Please could you tell me if the new regs are retrospective ? We have some appeals under way and I am not sure if we should be using the original or amended regs when writing our submissions. I know I should know this and feel that the old regs apply to decisions before 16 March, but wonder if someone could clarify for me. Many thanks!
At least one person has already had a problem at appeal - http://www.rightsnet.org.uk/forums/viewthread/10956/#50962
My view is that they cannot be retrospective - they come into force on 16 March 2016. However, I’m not quite clear whether that means decisions made from that date or claims/renewals submitted since that date. I tend to think it should be the latter - when they’ve changed the ESA descriptors in the past I think the changes have only applied to ESA50s completed after the date so maybe it will be about when the PIP 2 is sent in.
I have emailed the DWP for their view but not heard back yet - I don’t know what others think?
Daphne, thank you for the prompt response and link to earlier thread, I’ll keep a lookout for updates.
I agree with Daphne, but there is another problem if the DWP are appealing MH? (Is that still the case do you know Daphne?)
Anti-test case rules could complicate things. It seems they are not staying cases pending the MH appeal but I"m concerned about other SSA provisions.
At least one person has already had a problem at appeal - http://www.rightsnet.org.uk/forums/viewthread/10956/#50962
My view is that they cannot be retrospective - they come into force on 16 March 2016. However, I’m not quite clear whether that means decisions made from that date or claims/renewals submitted since that date. I tend to think it should be the latter - when they’ve changed the ESA descriptors in the past I think the changes have only applied to ESA50s completed after the date so maybe it will be about when the PIP 2 is sent in.
I have emailed the DWP for their view but not heard back yet - I don’t know what others think?
Did you mean 2017? 2016 seems fairly retrospective to me :)