PIP Delay Unlawful, Rules High Court

A delay in paying welfare benefits to two disabled people was “unlawful” and “unacceptable”, the High Court says.

The unnamed pair waited nine months for Personal Independence Payments (PIPs), and they said this left them dependent on loan sharks and food banks.

The Department for Work and Pensions (DWP) had argued that it took prompt action when delays in processing claims were identified.

There are currently 78,700 people waiting to hear if they can claim PIP.

Of these, at least 3,200 people have waited more than a year to have their claims processed, and 22,800 have waited more than 20 weeks.

Minister for Disabled People Justin Tomlinson said “decisive action” had now been taken to speed up payments.

The court heard that the two claimants, Ms C and Mr W, had asked Mrs Justice Patterson to declare that Work and Pensions Secretary Iain Duncan Smith breached his common law and human rights duties to make payments within a reasonable time.

This breach was caused, they said, because of the magnitude of the delay.

The judge ruled that in both cases, the delay was “not only unacceptable, as conceded by the defendant, but was unlawful”. However, the judge did not find that their human rights had been breached.

What are Personal Independence Payments?

PIPs are benefit payments to help people aged 16-64 with “some of the extra costs caused by long-term ill-health or a disability”.

They are available to employed and unemployed people, and claimants can receive £21.80 to £139.75 a week, depending on how their condition affects them.

This is determined by an assessment, and claimants are regularly reassessed, but government figures show more than 3,000 have been waiting for more than a year for their claims to be processed.

From April 2013, PIPs began replacing Disability Living Allowance.

This process is ongoing and the government says everyone who needs to switch to PIPs should have been contacted by late 2017.

‘Most vulnerable’

The claimants said delays meant they struggled to pay for food and fuel, and this caused their health to decline.

Their lawyers said they had a right to the benefits and should have received them within a “reasonable time”.

The DWP argued the delays were unacceptable but not unlawful, and said more than 800 extra staff were assigned to work on PIPs after problems emerged.

Justice Patterson said in Ms C’s case the delay was some 13 months, from 9 September 2013, until the determination of her benefit on 24 October 2014.

In Mr W’s case the delay was from 3 February 2014 until December 2014.

The judge said both cases suffered significant disabilities and therefore called for “expeditious consideration”.

She added: “They were each to be regarded as the most vulnerable people in society.”

‘Rethink’ rollout

Anne-Marie Irwin, the public lawyer leading the cases, said it was a “significant legal judgement”.

She added: “Today’s decision sends a clear message that the unacceptable delays faced by many people, may also be unlawful.

“While the decision is undoubtedly welcome and emphasises the clear failings seen with this scheme, attention must now turn to rethinking the planned wider rollout in October until reassurances can be provided that the delays seen in the past are not repeated in the future.

“In addition, while this case related to two specific clients, it is vital that the other thousands of people who have experienced delays are not forgotten.”

Mr Tomlinson said he was pleased the court has recognised the “huge progress” made by the DWP.

He added: “The average new Pip claimant now waits only seven weeks for an assessment.

“The court has rightly dismissed the claimants’ absurd suggestion that their human rights had been breached. As a result, they are not entitled to damages.”