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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Ministers forced to backtrack over controversial Personal Independence

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WillH
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Locum adviser - CPAG in Scotland

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Agreed. Given that we are looking for ‘a real possibility which cannot be ignored of harm occurring’ etc, I’d say that the majority of examples in the ADM memo look unlawful.

[ Edited: 14 Nov 2017 at 10:45 pm by WillH ]
Mr Finch
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Benefits adviser - Isle of Wight CAB

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Restricting someone to two points for cooking effectively removes them from qualifying for benefit on supervision needs alone (unless you can bring in toilet needs, which must be a harder sell than cooking).

I have no doubt the intention of this guidance is to appear to give effect to RJ but without actually doing so.

Edit: Not a single one of their examples qualified for benefit. Surely this can’t be the intention of RJ?

[ Edited: 16 Nov 2017 at 06:28 pm by Mr Finch ]
Stuart
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Written Commons answer from Sarah Newton yesterday says the DWP is to begin ‘testing’ review process for existing awards, and decisions refusing PIP from 9 March 2017, from 20 November -

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2017-11-06/111727

[ Edited: 19 Jan 2018 at 11:16 am by Stuart ]
Mr Finch
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Benefits adviser - Isle of Wight CAB

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Just seen a case today - claimant with regular seizures, bruises to show it - 2 points for a microwave. He won’t go near a microwave unsupervised..

The decision claims they have taken into account RJ and the new guidance.

As well as appealing, does anyone have a view on seeking JR of the guidance?