Laws on Personal Independence Payments (PIP) are changing. Here, we explain what's happening to PIP payments and assessments, and also how to apply.
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Personal Independence Payment denied to 160,000
The Government has used emergency powers to tighten up the rules surrounding Personal Independence Payments (PIPs).
Critics have claimed the move will prevent 160,000 people from claiming the disability benefit.
The move is in response to two tribunal rulings, which stated the Department for Work and Pensions (DWP) should expand the reach of the PIP – especially for those who experience ‘psychological distress’, which impacts their mobility.
The Government claimed the verdicts had ‘distorted the policy intent’ and were set to add £3.73 billion to the benefits bill by 2023 if left unchallenged.
Here’s everything you need to know about PIP and how the changes will impact you.
What is the Personal Independence Payment?
The Personal Independence Payment or PIP is a benefit paid to help with the extra costs caused by long-term health conditions or disability, which was brought in to replace the Disability Living Allowance.
To qualify you need to be aged between 16 and 64, have difficulty with ‘daily living’ or getting around (which you must have had for three months and expect to last for nine months) and live in the UK, Ireland, Isle of Man or the Channel Islands.
The benefit is paid based on how the condition affects you rather than what the condition is.
PIP: how much can you get?
The Personal Independence Payment is made up of two parts: the ‘daily living’ and the ‘mobility’ component. Whether you get one or both depends on how your condition affects your everyday life.
Those that qualify for the ‘daily living’ element get paid a standard rate of £55.10 or an enhanced rate of £82.30 a week.
Those that qualify for the ‘mobility’ element will get paid a standard rate of £21.80 or an enhanced rate of £57.45 a week.
So, you could get a PIP payment worth between £21.80 and £139.75 a week.
The Personal Independence Payment is paid every four weeks, whether you’re in work or not and is tax-free.
The Government has blocked two tribunal rulings which would have expanded the number of people who could claim PIPs and the amount existing claimants could get.
The first tribunal said more points should be available in the ‘mobility’ element for people who suffer ‘overwhelming psychological distress’ when travelling alone.
The ruling would have meant 143,000 people who previously received nothing for the mobility element of PIP would qualify. Half of them would have received the enhanced rate of £57.45 a week, and the other half the standard rate of £21.80 a week.
Another 21,000 people would have moved from the standard to the enhanced rate, giving them an extra £35.65 a week.
The second tribunal recommended more points in the ‘daily living’ element for people who need help to take medication and monitor a health condition. This would have affected just over 1,000 people, according to a DWP impact assessment.
But there has been anger as the Government have rushed to rewrite the law without consulting the government's own Social Security Advisory Committee.
Penny Mordaunt, the Disabilities Minister justified the Government’s move in a letter to the Social Security Advisory Committee. She wrote: “I felt it was important to act quickly, to restore the original policy intent, and establish greater clarity for the PIP assessment criteria.
“A delay in rectifying these judgments would have resulted in unplanned costs to the Government, a lack of clarity for all users of the legislation and a risk that the consistency of assessments would be undermined.”
The DWP has stressed that no existing claimants will see a reduction in the amount of PIP they are awarded. However, those making a claim from 16 March with conditions like epilepsy, dementia, learning disabilities and anxiety may be assessed more strictly.
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How is the PIP assessed?
The amount you can get is assessed by an independent healthcare worker using a points system.
You may qualify for the daily living component if you need help with things like preparing food, washing, dressing and undressing, reading and communicating, managing your medicine and engaging with other people.
You may be entitled to the mobility component of PIP if you need help going out or getting around.
You will be given a score based on how much help you need, so the more you need the higher the score. Eight points will get you the full basic rate and 12 points will get you the enhanced rate payment.
You will usually get a decision within three weeks of your assessment.
The change rushed through by the Government earlier this month will mean that people who experience ‘psychological distress’ won’t be able to score points on three key areas:
- Cannot plan the route of a journey (eight points)
- Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid (10 points)
- Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid (12 points)
But people who experience ‘psychological distress’ can still satisfy one of the following:
- Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant (four points)
- Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant (10 points)
It means those who experience psychological distress could get 10 points and receive the standard mobility PIP rate but would not be able to score the 12 points needed to reach the enhanced rate.
According to charity Mind the change will mean very few people with mental health problems will be now be eligible for the mobility component of PIP at the enhanced rate.
How to appeal a PIP decision
If you are unhappy with the decision on your PIP benefit assessment there is a process to challenge and then appeal it.
First, you will need to contact with the DWP to discuss the decision, which will give you the opportunity to provide more information.
If you’re still unhappy you can make a formal request to have the decision looked at again, which is called a ‘mandatory reconsideration’.
This must be done within one month of your decision letter.
You can appeal the response to the mandatory reconsideration by filling out the form: Notice of appeal against a decision of the Department for Work and Pensions - SSCS1.
This must be sent within one month of your mandatory reconsideration notice.