Inclusion London and DPAC position paper on the PIP guidance and review of existing claims post the High Court’s decision in RF v Secretary of State for Work and Pensions

The position paper includes our recommendations about the urgent steps the DWP needs to take, the changes to the guidance it should make and the principles it should follow during the review process. 

Five protestors outside the Royal Courts of Justice with a Bromley and Croydon DPAC banner

On the 21st of December 2017 the High Court said the changes to PIP regulations which prevented people who cannot plan or follow a journey because of psychological distress from qualifying for higher rates of PIP were discriminatory and unlawful.  In January 2018 the DWP announced that they accepted the decision and committed to reviewing current PIP caseload to ensure people who are affected could get the right levels of benefits.

It is more than 5 months since the court’s decision and no changes have been made.  As far as we are aware, none of the claims have been reviewed and the old criteria is still applied to people who go through PIP assessments at the moment.

The position paper includes our recommendations about the urgent steps the DWP needs to take, the changes to the guidance it should make and the principles it should follow during the review process.

Download the position paper: Position paper on PIP Guidance