Definition of ‘safely’ and effective dates for determining increased PIP entitlement
New DWP guidance issued further to recent three-judge panel Upper Tribunal decision in ‘RJ’
New guidance has been issued in relation to the definition of ‘safely’, and the effective dates for awarding potentially increased personal independence payment (PIP) entitlement, further to a recent Upper Tribunal decision.
In ADM Memo 29/17, the DWP advises how decision makers should apply the terms of the three-judge panel Upper Tribunal decision in RJ, GMcL and CS v SSWP (PIP) UKUT 0105 (AAC), that dealt with the definition of ‘safely’, the linked term ‘supervision’, and the measurement of risk when undertaking PIP activities to assess those terms.
In addition, in ADM Memo 30/17, the DWP advises that the Upper Tribunal decision in RJ is a ‘relevant determination’ dated 9 March 2017, which in most cases limits potential increased entitlement as a result of the new interpretation of the law to that date onwards.
In relation to its plans to review claimants’ awards independently from any planned or unplanned reviews, the DWP says –
‘Decisions made in the period on or after 9 March 2017 (the date of the RJ decision) to the date of this guidance being issued and all PIP awards in payment on 9 March 2017 will be reviewed in an independent exercise (called a LEAP exercise).’
Providing guidance on how, and from what date, planned and unplanned reviews, mandatory reconsiderations and appeals may lead to increased entitlement, the DWP warns that in undertaking certain reviews of PIP where the claimant has not specifically asked for their award to be looked at in the light of RJ –
‘… given the planned LEAP exercise, it has been decided that a supersession decision made on review should only be effective from the date that would normally apply when superseding on the grounds raised by the review. Any increase in entitlement for a period prior to that will be captured in the LEAP exercise.’