A panel of upper tribunal judges has made a decision relating to safety and supervision that Benefits and Work believes could allow many claimants with conditions such as epilepsy, heart disease, dementia and mental health conditions to receive the enhanced rate of the daily living component.
We also consider it will allow many claimants to receive the enhanced rate of the mobility component.
This will include some claimants who lost out due to a recent change in the law relating to planning and following journeys.
This is very new case law, although it appears to take us back to very similar case law for disability living allowance (DLA).
We are setting out arguments below that we think are valid and that will allow thousands more claimants to be awarded PIP.
But we cannot guarantee in any way that they will be…
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