Tag Archives: Personal Independence Payment

Disabled Man Hopes To Challenge Benefit ‘Hospital Rule’

Another benefit rule which makes little sense for many reasons.

But one of the reasons it is there to offset double charging for while in hospital it is deemed that the hospital will provide all means of care so therefore there should be no costs for any other person to do so. However, this does not take in to account persons with Complex needs, whereby care needs to be provided by someone who really knows the person.

But is it really cost effective, as how many instances does this occur in, and in doing so is the cost of stopping the benefit and then recommencing more than paying the benefit double.

Then in this instance when the usual care is required in order to to stop suffering for the cared for person to be present, then it needs to be paid but there are no mechanisms to do so, so this requires and urgently requires a change in the payment rules. For it would not be cost effective and again no mechanism to do so for the hospital to take over payment to the carer.

What also needs to be considered as by not paying a carer what is the carer supposed to do, for they will most likely not be able to care for themselves without the payments and may need to start caring for another person and therefore not be available when the original person is eventually to be discharged from hospital. So then is the person discharged without suitable care being there, or not discharged thereby retaining a bed from being freed for another patient.

The common thought that care can be provided by anyone is is very misunderstood, for in most instances, if not all, it is not true, that is for good quality care to be provided. To get someone will take time and then to be well trained even more time, so discharge could be delayed for months.

Care is very skilled to do it correctly, again not fully realised if realised at all by many, especially the Government who make up all this ridiculous rules and regulations, without any consideration for the carers and those being cared for.

All this , also assumes that there are sufficient people available to do care which there is not again down to the Government in many ways, some which are

great insufficiency of investment in care

this also does not provide sufficient funding for a sufficient salary to be paid to the carer for providing care

lack of reasonable terms and conditions of employment for carers

restrictions in UK Immigration policies to allow more persons to enter the UK to be employed in the care profession

plus much more

Everything is against carers and care being provided of good quality and sufficient remuneration, so the care for are being abandoned by not only this Government all all previous Governments and this and those other Government should be ashamed and made accountable for their inactions with regards to care and allowing carers and the cared for to suffer.

Same Difference

A disabled man who had his welfare benefits paused when he spent more than 28 days in hospital, is hoping to challenge the rule in court.

Cameron Mitchell, 20, from Carlisle, cannot walk or speak, and has seizures. He spent 128 days at the Royal Victoria Infirmary.

Current rules mean he lost his payments while still needing carers, and he has applied for a judicial review.

The Department for Work and Pensions has been contacted for a comment.

‘Needs don’t change’

Mr Mitchell receives Personal Independence Payment (PIP) and his mother and carer – Nicola Clulow – receives a Carer’s Allowance.

Under current regulations, known as the “hospitalisation rule”, a person’s entitlement to their benefits is suspended if they have received care in hospital for more than 28 days.

Legal firm, Leigh Day, has applied for a judicial review – where a judge considers the lawfulness of a decision or…

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Search Finally Begins For Claimants Owed Up To £16,000 In PIP Back-Payments

Well it is about time, for if this was in reverse the DWP would have been requesting repayment, like yesterday.

But that is unfortunately how it is, but should not be, for these payments are a lifeline for all these claimants and what happen s if they are already deceased for those payments should be due to their estate and paid accordingly to whom their estate was addressed to. But that will nit happen, but it should and what was the result with any investigation of why the DWP got it all so wrong in the first placed, no accountability at all.

Same Difference

With many thanks to Benefits And Work.

A year after we first wrote about it, the DWP have finally begun a search for PIP claimants owed up to £16,000 in PIP back payments.

This latest review follows a supreme court decision in July 2019 which found that the DWP had not been awarding the correct points to some claimants with mental health conditions who need prompting or social support to engage face-to-face with other people.

Back on 17 September 2020 the DWP announced that they were now following the decision of the supreme court and that they would be reviewing awards made between 6 April 2016 and 17 September 2020 to identify claimants owed money.

But it has taken another full year before Therese Coffey finally announced last week that the review had begun

Amongst PIP claimants who may have missed out are:

people who have regular meetings with a…

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Major Change Planned For PIP And WCA Assessment System

The big question will remain, will these changes mean that persons entitled to these benefits will receive them and that people will not receive degrading assessments.

Same Difference

With many thanks to Benefits And Work.

The DWP are to introduce a major change to the assessment system for PIP and the work capability assessment for ESA and UC with just one company carrying out both assessments for any given claimant from August 2023.

Contracts for all assessment providers have been extended for two years to August 2023, after which the change to a single assessment provider in each of an undisclosed number of geographic regions will be introduced.

This means that the same company will have to have expertise in both PIP assessments and the WCA and will be able to use some of the evidence from one type of assessment when carrying out the other for the same claimant.

At present, all WCA’s a re carried out by Maximus.

PIP assessments are carried out by IAS (formerly Atos) and Capita.

Many readers will remember that Atos abandoned…

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PIP Disability Benefit Claims ‘Misrepresented’ By Assessors

The incompetence of some of the PIP assessors goes on and on. It maybe that only a small proportion of these assessors are incompetent, but, even one assessor or even one PIP assessment done wrongly is one too many.

But it appears it is much more than one assessor and one PIP application and more than likely many more areas than one area of the UK.

Here we are dealing with peoples lives and it requires 100% of completed assessments to have been assessed correctly.

Misrepresentation of what has been told to the assessor, leading to the assessor giving a totally different representation will never be acceptable and those assessors, need to be, at least, retrained or more effectively removed as assessors.

For even one incompetent assessor is one too many and brings the whole process into disbelief and suspicion.

Same Difference

A man seeking disability benefits has claimed he was misrepresented in a report made by Capita, the firm which assesses benefit claimants.

A Nolan Show investigation found that he was first assessed by Capita and scored zero points – meaning he was classed as not needing benefits.

The Department for Communities looked at his case again and also scored zero.

The Nolan Show knows the testimony given by the man to both Capita and the department.

It shows how his answers appear to have been misreported in the final assessments.

It comes after a scathing report from the Northern Ireland’s public services ombudsman, Margaret Kelly, on the system for Personal Independence Payments (PIP) assessments.

Capita provide the assessment service on behalf of the Department for Communities.

Communities Minister Deirdre Hargey has committed to bringing the service in-house and has said people have the opportunity to appeal to an independent…

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Fear Of Dogs Can Be Relevant To PIP Mobility

This shows what is wrong with the benefit system for it is dependent on a group of people’s judgement, which can be influenced by a number of factors completely non-relevant to the process and the facts before them.

The assessor should be and have to be open to all facts and not use their own judgemental beliefs to influence their decisions.

To some extent it could be said the limited guidance is at fault, being the important factor is the word ‘guidance’ for guidance is what it states, it is not the be all and end all. For it will be impossible to list all factors and therefore the guidance needs to be interpreted openly.

But this practice of rigidly sticking to guidance as though it is Law can and is and has been used in many other areas, especially in Local Authorities when they are considering claims for assistance.

The benefit system has to be there to help and assist claimants and not to punish them for having their conditions.

In many instances it is looked upon claimants that they are committing a crime for having dared to make a claim, which means some possible claimants will not make a claim when they should and more should use the appeals processes to the complete end.

Unfortunately many find the appeal process stressful and hard to manage, but that is a fault of the process and not the claimants, therefore the appeals process also needs to be looked at as well as the benefit process so that it is more user friendly.

Same Difference

With many thanks to Benefits And Work.

An upper tribunal judge has held that fear of dogs, if linked to a disability or health condition, may be relevant to a personal independence payment (PIP) mobility award.

The claimant listed her conditions as: autism, dyslexia, dyspraxia and depression.

In her PIP questionnaire the claimant wrote:

“I am able to plan routes and travel in familiar routes. However, I have a very severe Phobia of Dogs which is a result of sensory issues from my ASD which prevents me from undertaking journeys which are unfamiliar without someone to go with me or by travelling via car. This is due to my very severe anxiety that a dog may be present in the unfamiliar route”.

The claimant was awarded zero points for the daily living and for the mobility component of PIP.

The claimant appealed and was awarded 5 points for daily living…

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PIP Extension Letters Closely Followed By Review Forms

The problems with PIP are never ending, is it someone’s job to create problems, for if it is, this is the one area which someone is good at. Creating problems, that is and then bringing more grief to PIP claimants.

Pip, since its creation, has been bane for claimants and when one is sorted another problem appears.

problems with PIP is bad enough, but when this occurs in other benefits, this is a further major cause of great distress for claimants, as though having the conditions which create a need to claim ben efits is not enough.

benefits should be there to help people not hinder and cause more distress.

In the situation to which the article refers it is as though one section of the DWP does not know what other sections are doing. For every section should be aware of their own processes and how these process impact on other associated processes within the DWP.

As usual it is the system which is at fault as it takes no account of how it impacts on claimants.

When people query why this and that has been done the usual excuse is, it is the system, whereas the claimants should be central to the process not the system.

However, the system was put together at the outset by Government Ministers and Civil Servants so the pitfalls of the system should have been evident from the start, perhaps the system was created to ensure pitfalls occur, now that is a thought and most likely the correct one.

For is was said that the welfare system was being changed to save money and ensure benefits were only granted to those persons who really need them, when, in fact many who really need them were unable to attain the benefits.

The sanctions where totally unacceptable from the start and punished claimants even further, as in most, if not all instances the system made the imposition of sanctions to be inflexible.

The attitude that came across was that the DWP were unsympathetic to the plight of claimants and were there to cause distress rather than be helpful.

Same Difference

With many thanks to Benefits And Work.

The flood of PIP award extension letters we highlighted a fortnight ago is being followed, sometimes within days or weeks, by review forms for some claimants. Others have received extension letters which wrongly reduce the length of the award and one member has warned of issues with Motability vehicles.

Last month we revealed that around 850,000 PIP award extension letters were being sent out by the DWP, with awards typically being extended for 9 months.

It seems though, that in some cases the extension letter is being closely followed by a PIP review form which may be due to be returned before the original award has even ended, leaving claimants feeling that the extension wasn’t so much of a boon after all.

One commenter told us:

Many including me rec’d an extension letter mine came last sept extending my pip award from mar…

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PIP Assessments Now Being Audio Recorded – 61chrissterry

This appears to be good news for claimants with regards to ATOS, but not so with regards to Capita.

The recommendation for people to make their own covet recording is also sound advice for it will also be evidence if the recording do not match.

Referring to Capita, surely the DWP should make this part of the contract and if, Capita do not comply then they should be removed as authorised agents.

The more that can be done to make the process more transparent the better.

What would be even better is to cancel all the contracts with Atos and Capita and any other outside agencies as soon as possible, then we would only have to contend with the DWP, which alone is more than enough.

The whole benefit processes need to be more user friendly and based on a person-centred approach, rather than a system approach.

 

Source: PIP Assessments Now Being Audio Recorded – 61chrissterry

Does the government really want to support disabled young people to go to university? – Special Needs Jungle

It’s never easy to fund yourself through university u less you parents have very deep pockets. Students usually have to have a part-time job to get by. But for disabled students that’s often not feasible.

However, if they’ve been very persistent, and have Personal Independence Payment, disabled students have been able to claim universal credit and, sometimes, housing benefit from the Department for Work and Pensions (DWP)

But last month, in the wake of a legal case, DWP has issued new regulations it claims are to “restore the policy intent” that means a disabled student “must already have been determined to have Limited Capability for Work on or before the day they claim Universal Credit (UC)”. What? How?

The rules have always said you can’t claim UC while you’re in full-time education, unless you are disabled. But that’s not enough for the DWP. These regulations mean they’ve land-mined the jungle of benefits-claiming.

 

Source: Does the government really want to support disabled young people to go to university? – Special Needs Jungle

Cancer sufferer has benefits axed ‘because she’s survived longer than expected’ – Mirror Online

A cancer sufferer who was given months to live claims she has had her benefits stopped ‘because she has survived longer than expected’.

Single mum Kathy Hall says she has always tried to fight her disease but feels like she is being penalised.

She says she now feels like she is deteriorating and “is a prisoner in my own home”.

Kathy was told she had just six months to a year to live in 2016 when she was diagnosed with a brain tumour.

Yet in August this year, the 44-year-old was assessed at home and deemed fit to work despite suffering with extreme headaches and lethargy.

Kathy’s illness makes her very forgetful and causes her speech to slur.

The former charity shop manager is now in despair as she has lost £140 per week from her Personal Independence Payment (PIP) when it was stopped just after the assessment.

She now struggles to get by on Universal Credit , providing for her and her 17-year-old son, Luke Godden, who is in full-time education, at their home in Buxton, Derbyshire.

 

Source: Cancer sufferer has benefits axed ‘because she’s survived longer than expected’ – Mirror Online

Disability News Service news for week of 19 September. via @johnpringdns – DPAC

The shocking truth about disability benefits: Successful appeals double in a decade

Disabled people are almost twice as likely to win their disability benefit appeal than they were 10 years ago, at the start of almost a decade of Conservative control of the Department for Work and Pensions (DWP).

DWP has this week refused to explain why the success rate for disability benefit appeals at tribunal has nearly doubled in the last 10 years.

The figures, based on Disability News Service (DNS) analysis of Ministry of Justice (MoJ) data, cast yet more doubt on personal independence payment (PIP) and how it has been managed by ministers since its introduction.

But they also raise concerns about the overall quality of decision-making in DWP – both on PIP and disability living allowance (DLA) – and the apparent push to remove benefits unlawfully from as many disabled people as possible in the name of austerity.

And they raise fresh concerns about the performance of outsourcing companies Atos and Capita, which are being paid hundreds of millions of pounds to assess PIP claimants.

 

Source: Disability News Service news for week of 19 September. via @johnpringdns – DPAC