Disability benefit cuts plan ruled unlawful as DWP loses court case

[SerendipityJane]

Sharing for wider reporting - probably old news for many.
https://inews.co.uk/news/disability-benefit-cuts-plan-ruled-unlawful-dwp-loses-court-case-3484411

Thanks for sharing. Bit of hope, anyway

It says they're going ahead with it all anyway!

They will go ahead anyway. Applications for PIP have almost doubled since 2020 and whilst many of those claims won't have been successful, the current numbers are completely unsustainable. I do understand this article refers to changes to the work capability assessment though. Something needs to change with this too, people don't get re-assessed in a timely manner, they just carry on getting LCWRA for years without being re-assessed. the system is completely overwhelmed.

Yeah, I saw they were going ahead anyway, but it seems at least there's some pressure put on them to make things more transparent. I'm very grateful for those who brought the court case to make the point

It could also save time and money if they actually stopped re-assessing people with conditions that are never going to get better. DS for eg. has muscular dystrophy. There's no cure and it's a progressive disease. His condition worsens month by month. He's on an indefinite award but still gets re-assessed. It involves pointless masses of paperwork for everyone involved.

The thing is that would reduce the number of assessors. Which isn't where the savings need to be made. In fact a perfect system would be 100% assessors with 0% claimants. Because then you wouldn't be spending a penny on benefits.

Thanks for posting this although I had already read the news. It is great progress highlighting what disabled people have always known. Bollocky rhetoric hiding the isolation, disregard and total absence of fucks given for us.
We are simply a drain on society and if only the eugenics could be restored, and the assisted dying bill opens a new “caring” pathway for this, then the country would be much better off.
It is all about money.
Those that agree money is the most important thing because the UK “can’t afford this” , as MN generally does, remember that anyone including you can become seriously disabled and permanently unable to work tomorrow. You are only an accident or an illness away from joining our ranks.
Let’s see if you still feel the same way when it affects you personally.

Yes completely agree. Stop assessing the ones that are not going to get better and make sure those that need re-assessing get re-assessed when they should.

Those that agree money is the most important thing because the UK “can’t afford this” , as MN generally does

Need to look carefully at what the UK can "afford" ...

I saw this too, but Labour are still going to go ahead with changes anyway.

Only 20% of disabled people are born with their disability.
People need to understand they are only one accident or illness away from needing help.

Thankyou for shareing but wont make any diffrence its going ahead,my carer read an artical to me today that DWP pip will review everyone even with 10 year and indefinite pip awords ( thoes Claiming UC only..also thoes who are saverly disabled with life long conditions and dont have long to live who cant ever work will be fast tracked and wont face an assessment
All the rest will have to score 4 points on one of the daily liveing questions and anouther further 8 points on anouther daily liveing question.. its still 12 overall points if you just score 4 points on one of the daily liveing questions you still get aworded but 4 is the minimum..verry worrying knowing these assessors lie and fabricate these reports.

I think there will be legal challenges to PIP cuts.

Simply because they are arbitrary: Reeves seems to have decided that mental health issues don't exist or that they don't cause people daily issues or that she can magically make people who are disabled not disabled....

Which is nonsense but also discriminatory (because it treats people with mental health issues and those with physical issues differently).

Only lawyers will be happy with this mess.

Reeves also forgets that people on PIP can appeal to an independent tribunal if they disagree with DWP decisions on their claim. So this is just going to cost the tax payers a fortune in appeals and will completely log the PIP assessment system which is already not coping with new and existing claims.

This is actually not true. I worked as a disability outreach worker for many years and the majority of my clients even in the support group were reassessed every three years. It was only suspended during Covid.

If the cut to PIP goes ahead claimants won’t be able to appeal solely on the grounds of not scoring four points in at least one daily living descriptor because the legislation will be changed to support that as the minimum eligibility, and tribunals have to rule within the law. Where claimants fail to meet that eligibility or have awards reduced so that they no longer qualify, they would have to show specific evidence that the scoring for at least one of the descriptors was wrong - which l think would be very difficult.

Those with ten year and ‘ongoing’ awards with no end date, will only face a light touch assessment. Unless there is significant change most won’t even know the review has taken place as it will mainly be through HCP’s connected with their care.

Thoes whos HCPs fill in thelight toutch forms ie thoes in care homes/nurseing homes or with down syndrome or permently in wheelchairs and saverly disabled,the rest who receave light toutch forms will be ok,its the ones who have short awords from 6mths to 5 years that it will affect..thoes who are on pentiin credit on pip wont be affected

https://www.change.org/p/reverse-the-cut-to-the-severe-disability-premium?recruiter=172131434&recruited_by_id=36b2f725-a921-47ae-94b6-aefcef152934&utm_source=share_petition&utm_campaign=petition_dashboard&utm_medium=copylink