Same Difference

With many thanks to Benefits And Work.

The DWP is yet again showing its contempt for the law by issuing guidance aimed at ensuring that as few claimants as possible benefit from a court decision on safety and supervision.

Ignored decision
As we explained in DWP starts search for PIP claimants entitled to more, back in March 2017 the DWP lost a vital upper tribunal case relating to safety and supervision.

Until then, the DWP had argued that a claimant could only score points for being unsafe if harm was likely to occur on more than 50% of the occasions on which they attempted an activity.

However, in March a panel of upper tribunal judges held that the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less…

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Same Difference

Imagine living with a condition that is only going to get worse but being told you are going to lose the support you rely on. That’s the reality facing thousands of people as a result of the move from the disability living allowance (DLA) to personal independence payments (Pip), and it’s having a disastrous impact on people with long-term conditions such as Parkinson’s.

I started as a welfare rights adviser in 1986 and, while the situation wasn’t ideal back then, it was far better than now.

I help people appeal against Pip decisions. This year I have worked on 34 appeals, with five more pending. I have won every one so far because the process is flawed. People are being presented with barriers from start to finish, and the assessors’ knowledge of conditions is simply not good enough.

Analysis by Parkinson’s UK shows it will cost the government £3m…

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Henry Brooke

Last night I spoke at an event in Gray’s inn which bore the title: The Citizen and the State: Poor decision-making and the role of the pro bono Bar.

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