Supreme court decision on Pip descriptor "Engaging with others face to face"

[johnsmi]

Hi there folks,

I get a regular email update from Benefits and Work website and their latest states that due to a supreme court decision that it seems with the PIP descriptor "engaging with others face to face" the court took the view that in a lot of cases the points were not awarded correctly, and it seems the DWP in Uk are going to trawl back through a lot of old claims.

https://www.benefitsandwork.co.uk/ne...020+newsletter

I live in N Ireland and would hope that the same procedure would be followed here eventually, I think it usually does.

This descriptor did apply to me but I was only awarded two points when I felt I should have got four for needing social support.
I missed out on the daily care by one point (two years ago now) but was reluctant to ask for an MR even then, because of the devolved government rule I actually got three quarters of that care component for year (a top up payment which was unique to N Ireland) that has ended of course now and I only get the low mobility rate of PIP which is right in that regard.

So my question is, should I just wait and hope that they will somehow go through the pip claims including mine and it might bring something to light for me, or write to them pointing out the supreme court decision and asking them to have a look at it again to see if it applies to me.

I am aware that I could ask for a re-assessment of my pip decision which would probably mean I would have to re-submit a Pip form again and a face to face or telephone assessment, but even though I could do that, I would risk loosing the low mobility component as well.

So do you think that my writing to them and pointing out the court decision would be the best option or would they simply just send me a pip form again? it did say on the current claim that I am not due to be re-assessed until 2023.
Many thanks for any advice.
John.

[robbie66]

had pip assessment in march 2019 had 4 points before then after assessment got zero I might send a letter off asking them to look at my claim again

[johnsmi]

Just a follow on question on this if its ok, if I did ask them again to have a look in light of the supreme court decision, is it possible they may just send me another PIP forum to fill in to be re-assessed, or is PIP usually awarded for a set time period? (I think I read this somewhere)

If they did look at my claim again as a result of the court decision and didn't change it, do I have any right to an MR or tribunal, considering the award was made to me a few years ago?

Many thanks for any advice
John

[Dandare74]

I was awarded pip daily living on the 8th of April 2016 until June 2020 with 11points and I received 2points for mixing with other people am I right in thinking that I might be owed also..

[johnsmi]

I was awarded pip daily living on the 8th of April 2016 until June 2020 with 11points and I received 2points for mixing with other people am I right in thinking that I might be owed also..

Well what I have read of it, and I think it is a pretty recent decision I think that it will take the DWP a while to get around to implementing it, and even when they do so, I feel it is touch and go whether they will award the extra points to a lot of people.

For myself, this would have meant the difference to getting daily care which I didn't, and wouldn't the extra point mean you would get Enhanced care?

John

[worried33]

This one applies to me, I am deciding whether to contact the DWP or just wait it out.

"people who need the input of particular friends or relatives with experience of supporting them in social situations – rather than just any well-meaning friend or relative - to help them manage face to face encounters."

Not sure if it would have changed my award though so will probably wait it out.

For whats its worth i dont think this was by accident, looking at the descriptor, I cannot see how it would be interpreted differently unless you had a motivation to deny the points. Seems to me one of those situations where they do it until told to correct it by a court which potentially can be never.

[robbie66]

Just read on the benefits and work forum that a few members are having there awards looked at after asking about the Supreme Court ruling so be careful as you could end up with less think it’s best to just wait and see what arises in the near future as I wouldn’t trust the dwp as far as I could throw them

[worried33]

I had 0 points on it, so wouldnt go down, but I am one to not upset the apple cart, so I wont ask them to review it.