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Forum Home  →  Discussion  →  Disability benefits  →  Thread

current PIP review of pre 16/03 DWP decision, in case of tribunal award of PIP Mob 1f on grounds of overwhelming psychological distress: effect of 16/

sue c
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Wefare rights - Lewes and Seaford CAB

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Is anyone finding a trend of automatic reviews of PIP decisions where client has mental (but no physical) health problems, where Mob 1f awarded by tribunal (revising upwards pre 16/03/17 DWP decision)? Tribunal would have been following MH on grounds of overwhelming psychological distress. And on such reviews are Mob decisions being reduced?

Have read Lord Henley’s statement but “same decision even at point of review” seems to apply only to DWP made decisions and not to those made by tribunals.

Have just done review for client for whom we achieved 1f at tribunal on grounds of overwhelming psychological distress in a pre 16/03 DWP decision (May 16) . Am concerned review decision, following form we have just completed (no change in anything), will apply post 16/03 law and hence reduce Mobility1f awarded by tribunal.

Has anyone any thoughts/experience of this?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Isn’t a change in the legislation a material change in circumstances for supersession purposes?

I’m conscious that they will struggle to revise a Tribunal decision but I’m not sure it’s relevant

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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“Isn’t a change in the legislation a material change in circumstances for supersession purposes?”

Yes.

sue c
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Wefare rights - Lewes and Seaford CAB

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Hmmm. Will just have to await decision, but with some trepidation.