Court hears appeal on ‘unfair’ PIP 20 metre rule consultation
Summary: A government consultation on plans to tighten eligibility for its new disability benefit was unfair and unlawful, the court of appeal heard this week.
Last year, disabled campaigner and blogger Steve Sumpter failed in a judicial review of whether the government had carried out a proper consultation on its plans to slash the qualifying distance for the higher rate of mobility support from 50 metres to just 20 metres.
This week, Sumpter’s case was back in court for a one-and-a-half day hearing to appeal that decision. A judgement is expected either later this month or in October.
Sumpter, who can only walk a few metres with a stick, and otherwise uses a wheelchair, was assessed as eligible for the higher rate mobility component of disability living allowance (DLA), and uses that to lease a car through the Motability scheme.
But the campaigner fears losing the higher rate entitlement when transferring to the new personal independence payment (PIP), and consequently losing access to a Motability vehicle.
Under DLA, someone is eligible for the higher rate if they cannot walk more than 50 metres, but under the new rules for PIP – which is gradually replacing working-age DLA – this walking distance criteria has been set at just 20 metres.
The Department for Work and Pensions (DWP) consulted on PIP in 2012 but did not mention its plans to cut the criteria from 50 metres to 20 metres until after the consultation had closed.
Last year, a judge suggested that if the consultation process had stopped at this point, he would probably have found it unfair and unlawful.
But after Sumpter’s judicial review was issued, the Conservative disabled people’s minister Esther McVey was forced to carry out a second consultation, which was limited to just looking at the change to 20 metres.
When McVey’s successor, Mike Penning, published his response to the consultation, he made it clear that the walking distance criteria would remain at 20 metres.
Sumpter’s legal team believe that this second consultation was irrelevant, and “could never have changed the decision that had already been made”.
Sumpter said: “Without access to support, I would be unable to do a huge number of activities that many people take for granted.
“I would lose my Motability vehicle and would struggle to access local amenities, including supermarkets.
“The government policy on eligibility would leave me completely in the lurch and massively affect my quality of life.”
Sumpter added, in a blog: “It is frustrating that this case is about whether the consultation on PIP was fair rather than about the cut itself, but the courts cannot decide on government policy.
“As part of their defence the DWP pointed out that they are fully aware of the impact of their policy, and are removing DLA from ‘individuals with genuine health conditions and disabilities and genuine need’ and ‘removing or reducing that benefit may affect their daily lives’.
“The DWP did do a consultation on their policy, though, and that consultation wasn’t fair, so that is what we are fighting.”
Last month, Sumpter’s lawyers, Irwin Mitchell, secured a significant legal victory over DWP, after a court ruled that long delays in processing PIP applications from two disabled people were “unlawful” and “unacceptable”.
Alastair Wallace, a public lawyer at Irwin Mitchell, who is acting for Sumpter, said: “A reduction in the eligibility may mean that hundreds of thousands of people who would have been able to access support would now be frozen out.
“Our client is not alone in this either and it is time that disabled people who have been touched by this have their voices heard on the issue.”
Liz Sayce, chief executive of Disability Rights UK, said: “PIP could see thousands of disabled people become institutionalised in their own homes.
“The DWP expects that [hundreds of thousands of]disabled people who currently get the higher rate mobility component will lose it altogether or receive the lower amount.
“This means that many will lose their car under the Motability car scheme so they will no longer be able to get to work or get out and about.
“We believe the test of policy changes relating to disability should be whether they help or hinder independence and participation in society. This change does not meet this test.”
Only five individuals out of the 1,142 organisations and individuals who took part in the second consultation agreed with the government that the walking distance criteria should be set at 20 metres.
Government figures predict that, with the criteria set at 20 metres, the number of people receiving higher rates of mobility support – and therefore eligible for a Motability vehicle – would plunge from 1,030,000 (if DLA had not been replaced by PIP) to just 602,000 by 2018.
They also predict that 548,000 of the 892,000 working-age people who were receiving the higher rate of the DLA mobility component in February 2013 will not receive the enhanced mobility rate of PIP once they are transferred to the new benefit.
Source Disability News Service
Other recent news items:
- Doctors’ union finally agrees to spread the word
- Disability Politics UK: call to prioritise step free access
- Children with disabilities: targeted violence and hostility
- Dementia care: how social enterprises are developing products and services
- Adass spring seminar: four things you need to know
- The Disability Audit: the eight coalition policies that have hit disabled people
- DWP told to publish ESA deaths report, after two-year delay
- The struggle to find work when you have Down's syndrome
- PIP Delay Crisis Over, Claims DWP
- Meet Justin Tomlinson MP- New Minister For Disabled People
- A quick guide to new care minister Alistair Burt
- How to use your disability as a strength when applying for jobs
- Devastating impact of cuts on disabled people
- NHS ‘has wasted more than a year’ on latest bid to improve wheelchair services
- Five Thousand Disabled Adults Sexually Abused In Last 2 Years Says NSPCC
- ESA Claimant Takes On Maximus And Wins
- One in five benefit-related deaths involved sanctions, admits DWP
- Manchester United tell family with disabled son to watch Stockport instead
- Joint mental health commissioning strategy
- New parliament sees number of disabled MPs plunge
- Motability under spotlight over cuts to grants… despite £190 million reserves
- Disabled people ‘should come together in new national body’
- 'It's a great honour': Selby appoints UK's first mayor with learning disabilities
- Voluntary Community Social Enterprise Review website
- Cameron downgrades minister for disabled people
- Poor UK cancer survival rates linked to lack of GP direct access to scans
- Charity highlights role of siblings in supporting adults with a disability
- Queen’s Speech fails to mention social care funding
- Queen’s speech ‘suggests the worst is yet to come'
- TV industry must improve representation of disabled people
- The bionic suit helping wheelchair users get back on their feet
- New project to tackle mental health issues
- Equality watchdog contradicts football’s Premier League over access
- Schools 'must improve support for diabetic children'
- National Theatre plans shows on issue of disability
- Rise in mental health bed occupancy
- Watchdog writes to Man Utd after stewards confiscate walking aids from fans
- Government cuts ‘could see disabled people slide back to the bad old days’
- Disabled payment delay unlawful, judge rules
- The 'dragons' who want to help disabled people start their own business
- Boy, 12, wins £120,000 in damages after swine-flu jab left him 'severely disabled' by narcolepsy
- DWP ignores watchdog’s deadline over benefit-related deaths
- Man who cannot walk or talk called for jobcentre 'back to work' interview
- UK woman can ride bike for first time with 'world's most lifelike bionic hand'
- GPs to refer more patients with low-risk cancer symptoms under new NICE guidance
- Disability campaigners clash with police inside parliament over benefit cuts
- Indefinite Award DLA Transfer To PIP Will Start From July In Certain Postcodes
- Disabled children less happy with hospital care than peers
- ILF closure: Process has caused ‘fear, stress and anxiety’, say researchers
- Disability poverty rose sharply in fourth year of coalition
- UK services failing patients with dementia
- Shadow disability minister admits backing assisted suicide bill
- Disabled people's rights threatened by government cuts, campaigners warn
- BBC Three’s ‘Defying The Label’ Season
- From 'bloodied knees' to the House of Commons as a disabled MP
- Mental health patients sent hundreds of miles for beds as out of area placements rise 23 per cent
- Systematic over-medication blights learning disability care
- The Superhumans return to Channel 4
- Accessible Information Standard Approved
- Doctors demand return of lung cancer awareness campaign
- David O’Mar, 58, Found Fit For Work Two Weeks Before His Death
- World First Bionic Eye Gives Hope To Millions
- Seven-day NHS to include child mental health services, minister confirms
- Court hears appeal on ‘unfair’ PIP 20 metre rule consultation
- New report by Business Disability Forum cites lack of skills in line managers as major barrier to retention of disabled employees
- Tanni says 10,000 signatures could finally transform wheelchair services
- BBC3 presenter and journalist crowdfunding to transform the lives of people with disabilities in Ghana
- Disabled voters take pioneering legal action over election access
- Has disability sport lost its London 2012 Paralympics momentum?
- NHS Announce New Care Guidelines For Learning Disabilities
- Fresh evidence that ‘benefit scrounger rhetoric’ is causing hate crime
- Sanctioned Jobseekers With Mental Health Problems Are Not ‘Vulnerable’ Says DWP
- Clubs “Neglecting Responsibility” To Disabled Fans
- Latest Figures Show Massive Rise In ESA Sanctions
- ‘Bizarre’ figures raise fears over ministers’ plans for ESA
- School nurses ‘need better mental health training’
- Number of people developing dementia 'stabilising'
- Boy, nine, fitted with first prosthetic hand that can change grip with gestures
- Iain Duncan Smith criticises employers over disability employment gap
- Disability benefit sanctions soar by 30% in a year
- Thousands have died after being found fit for work, DWP figures show
- Goths at risk of depression or self-harming, research says
- Elderly 'ripped off' in mobility scooter market
- GPs are missing cancer in children - because they 'don't have enough training'
- IDS announces 'fitness for work' U-turn that was five years in the making
- People with autism and learning disabilities excel in creative thinking, study shows
- Starbucks apologises for telling woman she was not 'disabled enough' to use the toilet
- DLA Lifetime Award PIP Transition Started from 1 September in 29 New Areas
- Successful 'Fit for Work' Appeals at Highest Ever Level, Show DWP Stats
- Why is our justice system failing vulnerable people?
- UN investigating British Government over human rights abuses caused by IDS welfare reforms
- Coroners 'ground breaking' verdict: Suicide was 'triggered' by 'fit for work' test
- Schoolboy calls for more disabled characters in children's books
- The quadruple amputee who needs the correct prosthetic
- Welfare to work programme failing disabled and ill jobseekers, say charities
- Disabled fans 'delighted' as Premier League finally acts on access
- Two-thirds of adult social care requests rejected by local councils
- Independent Living Fund: Government silence 'suggests something to hide'
- UK employers report rise in mental health problems: CIPD study
- UN inquiry considers alleged UK disability rights violations
- Parliament's own disability group picks first non-disabled chair in nearly 50 years
- Dementia drug 'keeps patients out of nursing homes'
- Disability benefit cuts will actually make it harder for disabled people to find work,coalition of 60 charities warns
- Problems with the care and treatment provided by the NHS and/or difficulties in accessing health services?
- Consultation on the proposed new adult social care strategy
- The Leicestershire Advice Service for Social Care is here to guide you
- Minister: MPs must help 'open doors' for disabled jobseekers
- 'Homes not hospitals': learning disability care to move to community
- Equality Act 'simply isn't strong enough' for BSL-users, peers are told
- Disability Hate Crimes Rise 41% In A Year
- Companies fear employing people with learning disabilities, survey reveals
- DWP cuts specialist disability employment advisors in jobcentres by over 60 per cent
- Watchdog 'must do more to support disabled people to fight discrimination'
- ‘We must keep banging the drum,’ says bus campaigner after five-year fight for justice
- 2,000 disabled people wrongly declared ‘fit to work’ by DWP in just three months
- Local authorities 'spend close to nothing on mental health'
- Rock band with learning disabilities release first single
- NICE seeks to improve diagnosis and treatment of cerebral palsy
- Premier League clubs face legal threat unless disabled access is improved
- UK’s progress on disability rights ‘patchy and tortuous’, UN told
- Peer pressure sees minister finally announce date for taxi access laws
- Stop the NHS slashing vulnerable people’s care packages in and around Leicestershire
- Minister tells industries to increase representation of disabled people
- Disabled children in England 'finding it increasingly hard to access council care'
- Wheelchair Rugby Loses Funding Appeal
- Plans that could force people into institutions could be ‘front line’ of national problem
- Young people 'fear stigma' if they ask for mental-health help
- Disability benefits process is 'inherently flawed', MPs told
- Businesses woefully ill-equipped to deal with Britain's rapidly growing mental health crisis
- Cash boost for pupils with special needs and disability
- PIP investigation: ‘Horrific’ suicide question sparks fresh assessment inquiry calls
- Disability report: Being disabled in Britain
- Stop PIP reassessments for patients with progressive diseases, campaigners say
- Patients with learning disabilities missing out on health checks
- Thousands have disability vehicles taken away
- Aspire announces GLL and LCiL as first partners to lead InstructAbility
- Easy read guide to voting by post
- Online campaign ‘could enable disabled people to affect election outcome’
- Health Committee inquiry and report: Brexit and Health and Social Care – People and Process
- Women’s Resource Centre report: the Impact of Austerity Measures on Women’s Voluntary and Community Organisations
- Disabled people ‘forced into dangerous workfare that breaches health and safety laws’
- Mental Health Foundation report: Surviving or Thriving? The State of the UK’s Mental Health
- Stirling University to launch home dementia app
- General Election 2017: What are the parties promising disabled people?
- Anger, resignation… and optimism in wake of general election result
- New disabled MPs pledge to fight for rights in parliament
- Queen’s speech: May ‘abandons’ election pledge on access
- The waiting time for a vital disability benefit has risen hugely in 6 months
- Almost 6,000 mental health patients sent out of area for care last year
- Patients increasingly forced to crowdfund their own wheelchairs as NHS provision not enough, doctors warn
- Years of austerity have left personal assistance in ‘very fragile state’
- Over Half Of Foodbank Users Are Households With A Disabled Person
- Prince Harry launches brain injury card in Suffolk
- Iain Duncan Smith says work capability assessments don't work and are 'too harsh'
- PIP investigation: 200 cases of dishonesty… and still DWP, Atos and Capita refuse to act
- Global blindness set to 'triple by 2050'
- My disability abortion bill could halt Britain’s slide towards eugenics, says Tory peer
- Jobcentre Staff Have An Alarming Lack Of Confidence Dealing With Disabled Claimants
- BBC initiative for disabled actors is a ‘wake-up call’ for producers
- Bus industry set to face fresh legal action over access to wheelchair space
- Government accused of breaching UN convention in its treatment of disabled people
- Theresa May admits UK mental health services are 'patchy'
- 2,000 children with learning disabilities left without a school
- UK faces UN examination: Government cuts caused ‘human catastrophe’
- Half of parents of disabled children forced to reduce working hours due to 'unlawful' cuts to school transport
- Summit meeting will aim to bring movement together on independent living
- Have you got the wrong impression about schizophrenia?
- Quarter of 14-year-old girls 'have signs of depression'
- Council’s review finds PIP ‘not fit for purpose’
- Epilepsy medication impact not shared
- What is universal credit - and what's the problem?
- Calls for Amazon to ban 'anorexia hoodie'
- Green man crossings 'too fast' for people with arthritis
- Mental health patients being failed as services face 'potent mix' of workforce cuts and rising demand, shows report
- Universal Credit helpline charges scrapped
- Hate crimes against disabled children rise 150 per cent in two years
- Modelling debut for boy, 11, with Down's syndrome
- Wheelchair access at Premier League grounds improved after campaigning
- Mental health sees 300,000 people leave their jobs each year
- Care Quality Commission report: Annual State of Health Care and Adult Social Care in England 2016/17
- Access to Work: ‘Scheme’s future in jeopardy through cuts and incompetence’
- Tailored treatment study aims to improve prostate cancer care
- Government admits disabled people have been receiving too little financial support from DWP
- Disabled people worry about telling employers of their condition
- Disabled woman takes DWP minister to court over PIP mental health changes
- Women and disabled people hit hardest by years of austerity, report confirms
- New year’s honours recognise campaigners, inventor and Paralympians
- Esther McVey makes disability benefits U-turn over payments
- Educational support for deaf children in England 'in complete disarray'
- Blue badge scheme could be extended to cover autism and dementia
- More than 220,000 people scored zero on disability benefits test
- MPs launch inquiry into online abuse of disabled people, following Katie Price petition
- Open letter from mental health activists probes charity’s links to DWP
- UK sick pay is found to breach international legal obligations
- Psychosis patients 'not getting best care'
- DWP promises no-one will lose out in huge review of 1.6 million PIP cases
- Majority of disability benefit claimants being left with not enough to live on, campaigners warn
- Suffragettes needed? The women still struggling to vote
- New 'miracle jab' promises to ease arthritis pain - and save the NHS billions too
- Antipsychotic drug found to relieve symptoms suffered by millions of people with Alzheimer's disease
- Government’s suicide prevention boss refuses to call for action on ESA risk stats
- Disabled peer raises ‘deep concerns’ over impact of Brexit bill on rights
- PIP assessments: 'Lack of trust' in benefits systems
- Anti-depressants: Major study finds they work
- More than a million benefits sanctions imposed on disabled people since 2010
- Thefts of disabled blue badge parking permits quadruple in England
- High Court rules Tories' disability benefit changes ‘blatantly discriminate’ against mental health patients
- Echolocation could help blind people learn to navigate like bats
- Call for government to ditch ‘discriminatory’ PIP rules for NHS care home stays
- Mystery over shock fall in disability benefits paid to older people
- Disabled passengers' champion unveiled
- Wheelchair users in UK to be given enhanced rights for bus travel
- Spring statement ‘shows disabled people will continue to bear brunt of austerity’
- House of Commons could replace benches with fold-down seats to improve access for disabled MPs
- NHS must prepare for `huge´ demand for new Alzheimer´s drugs, experts warn
- Access to work: Funding increase for disabled workers
- Doctors hope for blindness cure after restoring patients' sight
- New initiative to address ticketing barriers for deaf and disabled fans
- NICE: 'Care providers must ask people with LD what they want out of life'
- Disabled people struggle to afford food and heating, study says
- Government faces legal action over election access fund
- Disability-led ensemble to play BBC Proms
- Women across UK denied mental healthcare around childbirth, say doctors
- Robot helps Jack McLinden, 14, to be Everton mascot
- Cystic fibrosis: Company urged to lower cost of life-changing drug
- Disabled people split over personal health budget expansion plans
- Benefits applications forms to be made more accessible
- Government response to damning inquiry into disability benefit system 'falls short', say MPs
- EHRC appoints eight disabled people to advisory committee
- Sharp rise under-11s referred for mental health help
- Feel the beat: deaf fans fight for access to live music