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PIP MOBILITY CHANGES

April 12, 2017

With many thanks to Benefits And Work.

 

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.

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2 Comments leave one →
  1. April 12, 2017 11:04 pm

    In just that little bit of BS they say “Law” seven times.

    Benefits And Work are –
    http://www.benefitsandwork.co.uk/about-us

    Steve Donnison and Holiday Whitehead.

    “Holiday Whitehead began her working life as an ancillary worker in an NHS hospital, where she became involved in trade union work for NUPE (now part of UNISON).

    …Holiday practised as a barrister until January 2004”

    How come ‘Benefits And Work’ WON’T tell me about LAWS like –

    Equality Act 2010
    http://www.legislation.gov.uk/ukpga/2010/15/contents
    Especially sections 26. Harassment. and 27. Victimisation.

    Fraud Act 2006 –
    http://www.legislation.gov.uk/ukpga/2006/35/contents

    Care Act 2014 –
    http://www.legislation.gov.uk/ukpga/2014/23/contents
    Safeguarding adults at risk of abuse or neglect –
    http://www.legislation.gov.uk/ukpga/2014/23/section/42/enacted

    Criminal Justice and Courts Act 2015 –
    Ill-treatment or wilful neglect: care worker offence –
    http://www.legislation.gov.uk/ukpga/2015/2/section/20/enacted
    Ill-treatment or wilful neglect: care provider offence –
    http://www.legislation.gov.uk/ukpga/2015/2/section/21/enacted

    In 2004 Holiday Whitehead was *all over* the Disability Discrimination Act –
    https://web.archive.org/web/20040607063818/http://www.holidaywhitehead.co.uk/resource/employees/DDA_introduction_employees.htm

    So what’s the lame excuse for, apparently, never ever hearing of LAWS like – The Equality Act 2010, Fraud Act 2006, Care Act 2014… etc etc. ‘Dog ate it’s homework’?

    Is it too busy – Perverting The Course of Justice – for it’s UNION mates?
    (a lot of Atos/Maximus quacks are members of UNISON) –
    http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/

    Or is it just that Course of Justice Perverting Fraudsters don’t make cash from reporting crime to the Police?
    http://www.benefitsandwork.co.uk/join-us
    .

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