Challenging Personal Independent Payments mobility reduction to 20 metres

Leigh Day solicitors and human rights barristers from Doughty Street Chambers have advised campaigners that the lowering of the distance criteria for Personal Independence Payments mobility from 50 metres to 20 metres could be unlawful. They are considering how to challenge the regulations. To do so, of course, they need claimants whose circumstances make them suitable candidates to participate in such a challenge. For the best prospect of success, the barristers have set the following criteria (some essential, some desirable):

Essential criteria

These are the essential attributes of a suitable claimant for judicial review of the 20-metre walking distance criteria for enhanced mobility component of PIP:

* Eligible for legal aid – check your eligibility at http://legalaidcalculator.justice.gov.uk
* Currently have a DLA award including Higher Rate Mobility component
* DLA award NOT due to expire until after October 2013
* On re-assessment under PIP, whenever that occurs, is at risk of losing out on the enhanced mobility component of PIP because they can walk over 20 metres or so but cannot walk up to 50 metres.  This probably means their mobility is stable – either until the expiry date of their current award (if it is time limited), or until at least 2015 (if their current award is indefinite).
* Does NOT have any difficulty planning or following a journey (eg due to mental health, cognitive or sensory impairment)

Desirable criteria

These additional criteria are desirable (but NOT essential) attributes of a suitable claimant:

* DLA award expires/due for renewal soon after October 2013
* Has a car or wheelchair accessible vehicle under the Motability scheme
* Has some evidence of the basis on which they were awarded DLA, eg a Tribunal Statement of Reasons, a DWP award letter referring to 50 metres (the figure is in the standard letters), or medical evidence

If you think you have clients who satisfy at least the essential criteria, please go to Call to arms – challenging PIP regulations for details of how to register their details.