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Paper based assessment based on LCW assesment

CalMcM
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Financial Inclusion Team, East Ayrshire Council

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Joined: 18 March 2019

Hello all,

I am presently assisting a client who is awaiting an upcoming trinbual and i am in the process of drafting the submission.

The client underwent a LCW assesment in May 2021 and this has been used to supercede the previous PIP decision on a paper based assesment.

The client has been awarded the standard rate in the past, but challenged it and was awarded enhanced rates for both following a tribunal.

I understand the DWP are pefectly within their rights to do this, however what i feel is a bit f annoyance is that in the papers it makes reference under Other benefits

“Although xxx is unentitled to UC, this doesn’t being automatic entitlement to pip which is assessed under different criteria. UC assesses fitness to work. This factor isn’t relative to PIP qualifying criteria. The recent relevant PIP evidence shows xxxxx has the functional ability to carry out the PIP daily living and mobility divinities as reflected in the decision in the appeal”

I had thought about highlighting this in the submission that they are 2 separate benefits with different criteria, execpt when we need to use the report to downgrade the award.

Am i better just leaving it out?

Thanks

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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Did they get any points in the WCA assessment?  Was this decision challenged?

Paul Stockton
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Epping Forest CAB

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“Although xxx is unentitled to UC, this doesn’t being automatic entitlement to pip which is assessed under different criteria. UC assesses fitness to work. This factor isn’t relative to PIP qualifying criteria. The recent relevant PIP evidence shows xxxxx has the functional ability to carry out the PIP daily living and mobility divinities as reflected in the decision in the appeal”

This is garbled to the point of incomprehensibility but if what it is supposed to mean is that the LCW findings indicate that X doesn’t meet the PIP criteria I don’t see that you can complain about that - if in fact those findings do say something about the PIP criteria. There is some overlap in criteria, for instance over walking, and as I doubt any of us hesitate to use evidence from other benefits if they help our case we can’t really complain if the DWP occasionally does the same.

CalMcM
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Financial Inclusion Team, East Ayrshire Council

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Vonny - 13 January 2022 04:26 PM

Did they get any points in the WCA assessment?  Was this decision challenged?

The client was awarded LCWRA.

The issue seems to have arised with somethings the client has said during the process and this has then been used as evidence for the PIP review.

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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CalMcM - 17 January 2022 09:44 AM
Vonny - 13 January 2022 04:26 PM

Did they get any points in the WCA assessment?  Was this decision challenged?

The client was awarded LCWRA.

The issue seems to have arised with somethings the client has said during the process and this has then been used as evidence for the PIP review.

I would look at what points awarded in the WCA that support the PIP claim and ask the client if the things that are written down as them saying is actually what they said/meant.  But if they were awarded points in the areas that have a clear overlap like engaging with others etc, it would be better not to dismiss the ESA85/UC85 as wrong but to explain its limitations but still use it as evidence.

Another thing to remember is for WCA the HCP will often stop when enough points for LCW and one descriptor for LCWRA, so point out if the report said that curtailment applies - ie got enough points so no need to keep asking this person any more questions