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You’ll remember that the DWP recently changed the PIP Regulations to prevent people from getting points for not being able to plan or follow a journey because of distress or anxiety arising from a mental health condition.

The change to the regulations followed a ruling by the Upper Tribunal that people could claim these points for this reason.

DWP originally said that no-one would lose money as a result of this change because they had never awarded PIP on this basis anyway.

DWP have now acknowledged (partly after BuDS brought it to their attention) that some people have been awarded PIP by Tribunals on the basis of the original Upper Tribunal decision.

The DWP have not said what they will do about these awards, but they have said they will not try to claw back any money which people have been paid, even if the award was made incorrect by the later law change.

WHAT DOES THIS MEAN FOR YOU?
Nothing, unless you are one of the few thousand people who won their appeal at Tribunal and got points for not being able to plan or follow a journey because of distress or anxiety arising from a mental health condition. If you are one of these people, you don’t have to worry about DWP clawing back any money that you’ve been paid already.
The DWP will almost certainly review your award in the future and take away the points for not being able to plan or follow a journey because of distress or anxiety arising from a mental health condition, but at least you won’t have to repay anything you’ve received.

You can read the Minister’s statement here http://www.parliament.uk/business/publications/written-questions-answers-statements/writtenquestion/Lords/2017-03-21/HL6211

This analysis is brought to you free of charge by BuDS Benefit Information Team. It is only general information and you should take advice on your own case.