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New PIP draft regulations and draft daily living assessment criteria

Ken Butler
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Disability Rights UK

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The DWP has published several documents - including draft regulations, draft assessment criteria and payment briefing notes - relating to the new Personal Independence Payment that is due to replace DLA for working age adults from 2013/2014.

Disability Alliance has updated our factsheet on the proposed new PIP payment and it includes a link to the above DWP documents.

Our PIP factsheet is available @ http://www.disabilityalliance.org/f60.htm

Ros
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editor, rightsnet.org.uk

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interesting PIP briefing notes.  questions that occur to me include - 

end of attendance allowance? -

briefing on people over 65 makes no mention of attendance allowance, confirms that eligibility for new PIP claim will end at age 65 and says -

‘Our priority is to target support to those individuals with established, long-term health conditions or impairments which would put them at a financial disadvantage over a long period. We recognise that those disabled earlier in life will have had less opportunity to earn and save for retirement, and we want to provide continued support to these individuals.’

and

‘As part of the normal process of ageing we can all expect to experience some health challenges, and this may prevent us being as active and independent as we would like to be. Our intention is that the upper age limit for Personal Independence Payment will ensure that support is targeted to those individuals who face barriers during their working life – and may therefore have been less able to financially prepare themselves for retirement – which they take into older age.’

end of ‘supervision’ route to entitlement? -

technical note on draft assessment process talks about taking into account help person needs from another person in form of -

• Assistance is support that requires the physical presence and physical intervention of another person, i.e. actually doing the task in question. This specifically excludes non-physical intervention such as prompting or encouragement which are defined below; and
• Prompting is support provided by reminding or encouraging an individual to undertake or complete a task but not physically helping them. It again requires the physical.’

here’s a link to rightsnet new story on draft regs -

http://www.rightsnet.org.uk/news/story/Personal-independence-payment-to-be-assessed-through-descriptors-measuring-/

cheers ros

[ Edited: 10 May 2011 at 04:15 pm by Ros ]
nevip
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Welfare rights adviser - Sefton Council, Liverpool

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At least 2 unwelcome developments.  The ability to use frozen foods in preparing a meal will be put on a statutory footing.  And there is this:

‘“groom” means-
(a) comb or brush one’s hair;
(b) wash one’s hair; and
(c) clean one’s teeth,
above a level of self-neglect;’

‘“level of self-neglect” means a level that is considered socially unacceptable;’

Socially unacceptable by whom?

disgustedofbridport
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Dorchester CAB

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Have I missed something or is the notion of “supervision” under the DLA regulations completely missing from PIP? If I haven’t missed something, then lots of people currently on middle-rate care because they’re a high suicide risk or for epilepsy etc. are going to get zero daily living component.

Dolge
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Senior adviser - Wirral Welfare Rights Unit, Birkenhead

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Yes supervision is absent as a criteria. The only mention of epilepsy, for instance, in the notes is under the preparing food and drink activity (draft criteria 2d). whether this will score enough alone to qualify as having limited ability to carry out day to day activities is doubtful.

Plenty more as one reads through. For instance we have done a lot of work establishing enttlement to midlle rate care fo pre-lingually profoundly deaf people. The only descriptor that apears to applly to them under the draft PIP regulations is 9b (can communicate only with communication support). Communication is intended to be a high scoring area, according to the notes, but even so I doubt the lowest scoribng descriptor on its own is going to establish any entitlement.

In general the scope of ‘daily living activities’ under the regulations is confined to the minima needed to keep a person functioning - eating, washing - but only enough to avoid self neglect, as noted already - medical treatment etc. Anything beyond that has no place in PIP. So much for Mallinson, Fairey and twenty years of campaigning for disabled people to be allowed the means to achieve as full a life as possible. They are using the parallel with the DDA as an excuse but ‘day to day activities’ in the DDA is very widely drawn; daily living activities here are incredibly narrow.

Even without knowing the scoring, this is appalling.

Richard Atkinson

Paul Treloar
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Head of Policy, LASA

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Baroness Browning has called for a formal impact assessment on the removal of the Disability Living Allowance. It may be worthwhile forwarding some of the concerns raised above to her, to enhance her understanding of the potential impacts?

Apart from the financial loss of DLA, which should not be underestimated, there are many other benefits which people presently access due to the fact that they are in receipt of DLA.

In recent written answers to me, the government has identified no fewer than 37 different benefits that are only available if a person is in receipt of DLA. They are spread across seven different government departments. In addition there are several work and training schemes that are linked to DLA. These passported benefits include tax credits, several carers awards, the Christmas bonus, Warm Front, the Blue Badge scheme and Digital Switchover help, to name but a few.

Peer criticises scrapping of DLA

shawn mach
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ikbikb
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LSD WB supervisor - Bury District CAB, Lancashire

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Just a few thought on this proposal

Supervision seems to have disappeared. It could come in via descriptor ‘monitering health conditions’but this is daytime only and not continual so this seems to involve being part of the overall help with personel care that can lead to an care award and dependent on how it will be scored.

The mobility decsriptors appears to be more generous with both levels open to a combinastion of physical or mental disability.

There were lots of briefings stating that the Low Rate of Care will be scraped. These proposals seems to indicate that it is the high rate of care needs that are gone as few night time needs are assessed. It could be that both are gone in that it will be substantial needs rather than significant that would lead to the lower award of the PIP care and overwheliming care needs to get the higher rate, but paid at Low and Middle DLA rates.

All rather grim.