PIP MOBILITY CHANGES
The DWP is continuing to do its best to ignore the law when it comes to PIP mobility criteria.
As readers will know, the law relating to PIP mobility was changed on 16th March to make it harder for claimants with mental health problems to get an award.
However, even though the change in the law was not retrospective, the DWP has been writing appeal submissions asking tribunals to apply the law as if it had been.
It would definitely be an error of law for a tribunal to do so.
For decisions before 16 March, the much more favourable decision of a panel of upper tribunal judges should apply.
Although we understand that this decision is now being appealed. This may mean that some appeals will not be heard until the appeal has been adjudicated on.
But that still doesn’t give the DWP any legal right to try to enforce a law that wasn’t in place at the time of their original decision.
Not that a little thing like breaking the law is likely to trouble the DWP, as long as it’s them that’s doing it.