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Moran Makes a Comeback!
The long awaited decision of the three judge UT panel in respect of the “supervision” descriptors has now been issued. Essentially it reaffirms that the principles established in Moran for DLA are also applicable to PIP.
Where supervision is in issue it is now established that the possible consequences of an adverese event occurring is just as important as its likelihood. The DWP’s position has been that an epileptic, for example, would require to experience seizures on at least four days a week to satisfy the 50%rule wrought by reg.7.
Following the Government’s response to MH it may seek to change the regs but that would be much more difficult in this case than it was in MH as the daily living descriptors refer directly to supervision in a way which the mobility descriptors don’t. Indeed, I would suggest that this decision allows epileptics etc. to survive the anti- MH regulations. The watchword, however, has to be “Make hay while the sun shines”!
Pat Clark WRO
Inverclyde HSCP.