PIP application made before March, decision after - new descriptors or old?

Hello,

I saw a client today who is appealing against a decision not to award her PIP. She first applied in January this year, but the decision was made in April or May.

She has been through MR and still got 0 points, has submitted a SSCS1 form and is waiting for an appeal date.

She asked me today whether the new descriptors would apply to her, as she originally applied before March, but the initial decision on her case was made after March.

I’ve read through previous threads, but couldn’t find a definitive answer. Has this now been settled?

Thanks,

Dani
Brighton Unemployed Centre Families Project

I think the old regulations apply for any new claim made before 16th March. If the claim isn’t decided until after the 16th March the DWP can make two decisions, one based on the old regulations for a closed period up until 16th March and a separate decision using the new regulations from the 16th March.

I think it the decision making date that matters for the new descriptors

The PIP Regulations were amended from 16th March 2017. This means that for decisions made on or after this date, the new version of the ‘planning and following journeys’ descriptors apply.

This is from the DWP Advice for Decision Makers https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/598370/adma1.pdf

Relevant law

A1205 When a DM is determining a claim or application, the relevant law is the law applying at the time the claim or application is made. Where there is a change in a particular legal provision so that it
1.ceases to have effect or
2.begins to take effect
during the period of a claim or application, the DM should apply the change in the law only from the date of the change1 unless the legislation has retrospective effect or there are specific transitional provisions.
1 R(I) 4/84

...so two decisions would be in line with this guidance.

Mark

And bear in mind this guarantee of ongoing support as flagged up by Ruth Hession at the Wrexham NAWRA meeting….

“No Personal Independence Payment (PIP) claimants will see
a reduction in the amount of PIP previously awarded by the
Department for Work and Pensions as a result of the
regulations being introduced, including the point at which their
claim is next reviewed.
We are aware of a small number of cases, where people may
have been awarded a higher level of PIP by a tribunal. This
could occur if their case was heard at appeal and a tribunal
made a higher award, applying the rulings of the Upper
Tribunal. We will not be claiming back the money these
individuals received during the period before the new
regulations came into force and are considering whether to
adjust their payments to bring them in line with the amended
PIP regulations.” Lord Henley (on behalf of the government) written response to
question raised in the House of Lords 4/04/17