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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP rule change

ib
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Supervisor/caseworker - Malvern Hills District CAB

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Total Posts: 57

Joined: 18 June 2010

Our client is appealing his PIP decision.  He claimed in February 2017.  His decision is dated July.  The descriptors changed on March 16th regarding qualifying for the mobility component.  Client’s decision has been made on the basis of the new rules.  I think he should have been assessed under the old rules, his claim having been submitted before the change, but cannot find the information.  I would be grateful if anyone could tell me, thank you!

Ed Pybus
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Welfare rights worker for disabled children and families - CPAG in Scotland

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Joined: 19 September 2012

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.

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. (thanks Mark)

ib
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Supervisor/caseworker - Malvern Hills District CAB

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Total Posts: 57

Joined: 18 June 2010

Thank you for your help.