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Written Question
Personal Independence Payment
Monday 7th January 2019

Asked by: Lord Clark of Windermere (Labour - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government what progress they have made in reviewing Personal Independence Payment claims following the High Court judgment on 21 December 2017; whether they will automatically review the cases of all individuals assessed prior to that judgment; and if so, whether those individuals will be informed that their cases are being reviewed.

Answered by Baroness Buscombe

The High Court judgment on 21 December 2017 refers to the successful challenge by judicial review of the 2017 amending regulation which had reversed the effect of the MH Upper Tribunal (UT) decision. This decision, handed down on 28 November 2016 related to how overwhelming psychological distress should be considered when assessing a claimant’s ability to plan and follow a journey under PIP mobility activity 1.

As outlined in the Written Statement of 25 June 2018 (HLWS767) my Department is currently carrying out an administrative exercise to identify anyone who may be entitled to more support under Personal Independence Payment (PIP) as a result of the MH UT decision. At the same time, case managers will be considering the RJ decision, which concerns the way the Department assesses whether claimants can complete a PIP activity safely and if supervision is required.

As outlined in the written statement of 20 December 2018 (HCWS1224), as at 23 November 2018, 140,000 cases had been reviewed and cleared and around 1,000 claimants had received payments. Given the complexity of the exercise we have started at a relatively small scale to test our processes to ensure they are effective before ramping up.

Under this administrative exercise we are reviewing decisions made by the Department where the claimant was in receipt of PIP at the date of the Upper Tribunal decisions (MH, 28th November 2016 and RJ, 9th March 2017) and those who have had a decision made on their PIP claim since those dates. We will also be reviewing claims disallowed after these decisions.

All claimants will be notified if we have reviewed their case. Claimants do not need to contact the Department at this stage.


Written Question
Personal Independence Payment
Wednesday 26th September 2018

Asked by: Lord Clark of Windermere (Labour - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government, following their decision to review 1.6 million Personal Independence Payments (PIP) claims as a result of the court ruling in January CP v Secretary of State for Work and Pensions (PIP): [2018] UKUT 5 (AAC), whether all those who had been reviewed for continued eligibility of PIP in 2016 and 2017 will be informed if they will be further re-assessed.

Answered by Baroness Buscombe

As outlined in the Written Statement of 25 June 2018 (HLWS767) my Department is carrying out an administrative exercise to identify anyone who may be entitled to more support under Personal Independence Payment (PIP) as a result of the MH and RJ judgments.

The Upper Tribunal judgment of CP v Secretary of State for Work and Pensions (PIP): [2018] UKUT 5 (AAC) was heard after RJ and the Tribunal therefore considered RJ when it made its decision.

All claimants will be notified if we have reviewed their case. Claimants whose PIP award increases will receive backdated payments. This will either be from the date of the judgement(s) or the start of their PIP award, if this was after the judgment.

Decision makers will consider the MH judgment for all PIP decisions made since 28th November 2016. They will also consider the RJ judgment for all PIP decisions made since 9th March 2017. This will include claims which have been disallowed after the date of the judgment(s).

As additionally outlined in the Written Statement of 25 June 2018, I am committed to updating the House regularly and a statement on progress of this exercise will be tabled in the autumn.

In regard to timing this is a very complex exercise and of substantial scale. We absolutely understand the urgency of this work, but we are also committed to carrying it out safely and correctly to ensure claimants receive the payments they are entitled to.


Written Question
Personal Independence Payment
Wednesday 26th September 2018

Asked by: Lord Clark of Windermere (Labour - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government, following their decision to review 1.6 million Personal Independence Payment (PIP) claims as a result of the court ruling in January CP v Secretary of State for Work and Pensions (PIP): [2018] UKUT 5 (AAC), how many individuals in receipt of PIP who had been re-assessed for continued eligibility have been further re-assessed; how many remain to be further re-assessed; and when the process will be completed.

Answered by Baroness Buscombe

As outlined in the Written Statement of 25 June 2018 (HLWS767) my Department is carrying out an administrative exercise to identify anyone who may be entitled to more support under Personal Independence Payment (PIP) as a result of the MH and RJ judgments.

The Upper Tribunal judgment of CP v Secretary of State for Work and Pensions (PIP): [2018] UKUT 5 (AAC) was heard after RJ and the Tribunal therefore considered RJ when it made its decision.

All claimants will be notified if we have reviewed their case. Claimants whose PIP award increases will receive backdated payments. This will either be from the date of the judgement(s) or the start of their PIP award, if this was after the judgment.

Decision makers will consider the MH judgment for all PIP decisions made since 28th November 2016. They will also consider the RJ judgment for all PIP decisions made since 9th March 2017. This will include claims which have been disallowed after the date of the judgment(s).

As additionally outlined in the Written Statement of 25 June 2018, I am committed to updating the House regularly and a statement on progress of this exercise will be tabled in the autumn.

In regard to timing this is a very complex exercise and of substantial scale. We absolutely understand the urgency of this work, but we are also committed to carrying it out safely and correctly to ensure claimants receive the payments they are entitled to.


Written Question
Personal Independence Payment
Wednesday 26th September 2018

Asked by: Lord Clark of Windermere (Labour - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty's Government, following their decision to review 1.6 million Personal Independence Payment (PIP) claims as a result of the court ruling in January CP v Secretary of State for Work and Pensions (PIP): [2018] UKUT 5 (AAC), how many of those in receipt of PIP who have been further re-assessed since February have been informed of the outcome.

Answered by Baroness Buscombe

As outlined in the Written Statement of 25 June 2018 (HLWS767) my Department is carrying out an administrative exercise to identify anyone who may be entitled to more support under Personal Independence Payment (PIP) as a result of the MH and RJ judgments.

The Upper Tribunal judgment of CP v Secretary of State for Work and Pensions (PIP): [2018] UKUT 5 (AAC) was heard after RJ and the Tribunal therefore considered RJ when it made its decision.

All claimants will be notified if we have reviewed their case. Claimants whose PIP award increases will receive backdated payments. This will either be from the date of the judgement(s) or the start of their PIP award, if this was after the judgment.

Decision makers will consider the MH judgment for all PIP decisions made since 28th November 2016. They will also consider the RJ judgment for all PIP decisions made since 9th March 2017. This will include claims which have been disallowed after the date of the judgment(s).

As additionally outlined in the Written Statement of 25 June 2018, I am committed to updating the House regularly and a statement on progress of this exercise will be tabled in the autumn.

In regard to timing this is a very complex exercise and of substantial scale. We absolutely understand the urgency of this work, but we are also committed to carrying it out safely and correctly to ensure claimants receive the payments they are entitled to.