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The Upper Tribunal recently made a decision (CPIP/1950/2017) which makes it easier for people receiving Carers Allowance to claim PIP. The decision will especially help people getting Carers Allowance who the DWP accuse of being ineligible for PIP because they are able to care for someone else.
 

BACKGROUND
This case was about a person getting CA who was refused PIP because the DWP said that someone caring for another person for 35 hours per week cannot be sufficiently disabled to qualify for PIP. This is a standard argument that the DWP use about anyone who receives Carers Allowance. A Tribunal agreed with the DWP, but the claimant appealed to the Upper Tribunal, saying that the Tribunal hadn’t said why she was ineligible for PIP but had just assumed it as a general rule.
 

WHAT THE UPPER TRIBUNAL DECIDED
The Upper Tribunal agreed with the claimant and overturned the Tribunal decision. The UT went on to say that it is wrong to assume that people who get CA are not entitled to PIP and that no such general rule exists. A Tribunal should certainly look at whether the caring duties of a person getting CA cut across or contradict what they are saying for PIP, but with an open mind.

The UT also said that a Tribunal wanting to refuse PIP to someone receiving CA must give a detailed reason why the person’s caring responsibilities made them ineligible for PIP. The Tribunal noted specifically that people receiving Carers Allowance who have physical or sensory issues might offer emotional support to a person with mental health issues, and such support would it no way disqualify them from receiving PIP.
 

WHAT THIS MEANS FOR YOU
If you receive Carers Allowance, the Upper Tribunal has given you an important new way to challenge the DWP’s biased view that people who are carers cannot claim PIP. You can now quote this case to them, eg in your mandatory reconsideration request.

If you do have to take your claim to a Tribunal, the Tribunal will look carefully at the facts about the caring duties you have and see if they affect an award of PIP, rather than making any assumptions.
 

TIMING
The Upper Tribunal made this decision on 13 December 2017 but it’s a clarification of the law rather than a new definition. This means that this decision applies straightaway to all claims, mandatory reconsiderations and appeals.
 

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. If you value our entirely voluntary charitable work, please consider making a donation via https://mydonate.bt.com/fundraisers/alexandermcpherson1

You can read the full judgement here: https://www.gov.uk/…/pb-v-secretary-of-state-for-work-and-p…
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