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UK: DLA/PIP 'repeatedly, reliably, and safely' written into law!

Firestormm

Senior Member
Messages
5,055
Location
Cornwall England
This success has come from a solid effort on the part of many charities I understand and will be a relief to many individuals who are rightly concerned about this new means of assessment for a disability benefit that is paid regardless of employment status :)

31 January 2013 – PIP assessment guidance to be further strengthened in law

How someone carries out a range of activities will be considered when their eligibility for the Personal Independence Payment (PIP) is assessed, under law, Esther McVey, Minister for Disabled People, confirmed today.

The proposed addition to the regulations now means that legally individuals will be assessed on what they can do safely, reliably, repeatedly and in a reasonable time period.

Following a consultation on the regulations, it was suggested some of the criteria claimants needed to meet was unclear and didn't take into account fluctuating conditions. These amendments seek to address this.

Minister for Disabled People, Esther McVey said:
"Our intention has always been the same - we want to target support at those who need it most.

We have always said that we will not just look at whether individuals can carry out activities but also the manner in which they do so.

"I know that disabled people and their representatives feel strongly that this important concept is set out in law and I am happy to do this."​
The addition to the regulations formalises the current wording included in draft PIP guidance.
A draft amending regulation has been published today. A final Regulation will be laid once the PIP regulations currently being considered by Parliament are made but before they come into force in April.

From Dr Charles Shepherd of the ME Association earlier on Facebook:

"The Minister has taken note of the strong representations that have been made by the charities, including the way in which reliably, repeatedly, safely in a timely manner could be incorporated into PIP legislation.


This has been a collaborative effort 'behind the scenes' involving members of the Fluctuating Conditions Group* and the Mental Health Group."

[*MS Society, NAT (National AIDS Trust), Parkinson’s UK, Forward ME, Arthritis Care, and Crohn’s and Colitis UK]
 

Sasha

Fine, thank you
Messages
17,863
Location
UK
Absolutely crucial, this, speaking as one who can lift a 1kg bag of potatoes. Once. On some days. :)
 

SilverbladeTE

Senior Member
Messages
3,043
Location
Somewhere near Glasgow, Scotland
Finger in the proverbial dyke, helpful :) but no use against the inhuman tsunami of "NeoLiberalist" bullshit
See the filth The Sun newspaper has been printing, they won't be happy until there is no Welfare State at all!
I won't be happy until Westminster is destroyed and a crap load of MPs and especially, corporate sons of bitches, are on trial for Crimes Against Humanity and Mass Murder.
 

Firestormm

Senior Member
Messages
5,055
Location
Cornwall England
Disability benefits: Ministers revise assessment regulations


Regulations governing eligibility for benefits for disabled people will be changed after criticism of their likely impact, the government has announced.

As a result, how - and not just whether - a claimant is able to accomplish tasks like walking and planning journeys will help determine the amount they are entitled to in benefits.

Claimants who manage the tasks, but not "reliably", will get higher payments.

Ministers admitted there were concerns that the proposals were "unclear".

The Personal Independence Payment (PIP) will replace the existing Disability Living Allowance (DLA) in April. People who are less mobile will be entitled to higher payments.

Campaigners had warned that people deemed capable of walking more than 20 metres could receive lower payments - even if they were unable to do so "safely, reliably, repeatedly and in a reasonable time period".

Ministers had previously denied the claim and argued that these words did not need to be written into legally binding regulations.

But minister for disabled Esther McVey said on Thursday: "I know that disabled people and their representatives feel strongly that this important concept is set out in law and I am happy to do this."

Change at-a-glance
  • About 3.2 million people receive Disability Living Allowance (DLA)
  • The payment of between £20.55 and £131.50 a week assists them in leading independent lives
  • The government hopes to save £2bn as a result of the switch from DLA to PIPs.
'Lack of consultation'

She added: "Our intention has always been the same - we want to target support at those who need it most.
"We have always said that we will not just look at whether individuals can carry out activities but also the manner in which they do so."

Critics of the government's changes say one third of disabled people live in poverty and an estimated 42% fewer people would be eligible for mobility allowance as a result.

In exchanges in the House of Lords last week, Crossbencher Baroness Grey-Thompson, a Paralympic gold medallist, criticised the government for its "lack of consultation with disabled people" about the proposals.

Fellow crossbencher Lord Alton has said the fact people will have specially adapted vehicles taken away from them had caused "widespread disbelief and considerable distress".

For ministers, Lord Freud conceded: "I have to accept that there was inadequate discussion of the changes and that there is inadequate understanding of them."
 

Firestormm

Senior Member
Messages
5,055
Location
Cornwall England
Disability Rights: PIP Factsheet now updated with above: http://disabilityrightsuk.org/f60.htm

Very useful guide. From what it says - of the two rates - it would appear to grant more money per week that is currently the case for DLA.

I receive low care and low mobility so presumably this would mean standard care and standard mobility under PIP - provided I still qualify of course.

From my basic calculations I receive £160 a month at present and under the new PIP I would receive around £280 a month.

Must be something wrong here. Presumably it will be harder to obtain 'standard' than it is currently to gain 'low rate'?

Anyway, a useful document nonetheless and I need to read it more thoroughly I think :)
 
Messages
646
Must be something wrong here. Presumably it will be harder to obtain 'standard' than it is currently to gain 'low rate'?
Much harder, though I haven't looked at the updated test proposals. The initial proposals for the low rate qualification, basically meant that anyone judged capable of using a wheel chair (irrespective of practical limitations or access to a wheel chair) would not qualify for standard rate PIP. And the Care element 'cooking test' of DLA was in effect to be done away with, under the PIP proposals so long as you could put a ready meal in a microwave you would be judged not to qualify. Of course these proposals raised a great dal of concern - I don't know if that has brought any alteration to the Government's plans. But PIP is most definitely not DLA mark2.

IVI
 

Firestormm

Senior Member
Messages
5,055
Location
Cornwall England
I suspected as much. Still with the 'repeatedly...' etc. and in a reasonable time - I think there has been some attempt to address the imbalance. DLA did not take that phrase and what it might mean into consideration - at least not formally. At appeal I think the panel were more considering of it but certainly not the DWP. How they will apply said phrase will be interesting...
 
Messages
15,786
The initial proposals for the low rate qualification, basically meant that anyone judged capable of using a wheel chair (irrespective of practical limitations or access to a wheel chair) would not qualify for standard rate PIP. And the Care element 'cooking test' of DLA was in effect to be done away with, under the PIP proposals so long as you could put a ready meal in a microwave you would be judged not to qualify.

Are wheelchairs or other mobility devices (scooters) provided for separately? I was under the impression that DLA/PIP would help people somewhat in financing those sorts of purchases.

And cooking microwave meals is much more expensive than home cooking. It sounds like something that DLA/PIP is designed to help with - you're too disabled to cook, so more expensive options are necessary.

I guess this is just more screw-the-disabled-while-pretending-not-to "reform", justified with various illogical arguments. :cautious:
 
Messages
646
Are wheelchairs or other mobility devices (scooters) provided for separately? I was under the impression that DLA/PIP would help people somewhat in financing those sorts of purchases.
DLA when first introduced was actually a very innovative benefit - it was intended to place control over the delivery of care into disabled people's hands, so that they made choices about how they managed their lives, not social wokers or civil servants. It was always a weekly/monthly paid benefit, so in itself not intended as a replacement for capital grants that were also at one time available - however a separate scheme availble to those getting the higher rate of DLA was subsequently introduced - http://www.motability.co.uk/understanding-the-scheme/ . Unpowered wheel chairs are availbale for qualifying patients under the NHS - although the standard can be very 'basic'. It is quite possible that people will be judged able to use a wheel chair under PIP mobility assessment, but not to qualify for an NHS supplied wheel chair. Also someone may live in home where slopes/external stairs etc make non foldling/lighweight or unpowered wheelchairs imposible to use (the UK has a quite alot of low rise appartment blocks - 3 or 4 stories which have no lifts to give the upper floors ground access) Lack of practicallity will not impact upon the judgements under PIP.

And cooking microwave meals is much more expensive than home cooking. It sounds like something that DLA/PIP is designed to help with - you're too disabled to cook, so more expensive options are necessary.
The problem is that under DLA the 'cooking test' was established as an objective test, unrelated to nutritional need, it was just an effective way of demonstrating capacity (or lack of) for a practical domestic activity. It has been one of the main qualifying criteria so therefore a target for change (PIP is designed to be available to less people than DLA). All they've done is move the bar on the test, so rather than 'peel, wash, organise, deal with heat sources' it's now 'reach, turn knob, reach'. The effect on those not qualifying is not considered, because they are judged to be not disabled enough to require care.

I guess this is just more screw-the-disabled-while-pretending-not-to "reform", justified with various illogical arguments. :cautious:
The argument is a bit more subtle than that - it's about saying 'what counts' as disabled and 'who should be helped'. It's not so much screw the disabled as delegitmise certain levels/types of disability. The outcomes are obviously perverse, but for the two parties forming the coalition Government, the judgement is that these perverse outcomes will have no negative electoral impacts - the poor don't vote or at least they don't vote Tory or Liberal; and anyway the previous Government started the process so no matter how it turns out they can always be blamed.

IVI
 

Firestormm

Senior Member
Messages
5,055
Location
Cornwall England
And they will slash Welfare Spending in the process (or will be seen to). Whether or not years down the line all of this re-jigging of the entire system will have been deemed as 'success' from the point of view of cost - remains very much to be seen.

Can't wait for the 'universal benefit' system to hit. Because that WILL effect working poor and low-income middle class voters if it goes 'tits-up'. There is much riding on Ian Duncan Smith and not all of the pressure comes from Disability Lobbyists either.